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

Marginal note:Application under subsection 5.1(2) of Act

7 An application made under subsection 5.1(2) of the Act by a person who was adopted when they were 18 years of age or older 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 18 years of age or older;

• (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.

Marginal note:Application under subsection 5.1(3) of Act — minor child

8 An application made under subsection 5.1(3) of the Act on behalf of a child who is a minor on the date of the application 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;

• (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 the decision was made abroad in respect 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 decision that was made abroad in respect of the adoption took place on or after January 1, 1947,

  • (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(3) of Act — 18 years of age or more

9 An application made under subsection 5.1(3) 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 that the parent of the person became a citizen on January 1, 1947, if the decision in respect of the adoption was made abroad before that date, or that the parent of the person was a citizen at the time of that decision in the case of an adoption that took place on or after January 1, 1947;

• (c) evidence that establishes that the decision in respect of the adoption was made abroad;

• (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.

Renunciation of Citizenship

Marginal note:Application under subsection 9(1) of Act

10 An application made under subsection 9(1) of the Act, other than an application referred to in section 11, 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 applicant’s date and place of birth;

• (b) evidence that establishes the applicant’s citizenship;

• (c) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one;

• (d) evidence that establishes the applicant’s place of residence;

• (e) a photograph of the applicant in the format specified on the prescribed form; and

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

Marginal note:Application to renounce — paragraph 3(1)(b) of Act

• 11 (1) An application to renounce the citizenship conferred by the Act on a person referred to in paragraph 3(1)(b) of the Act, for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) of the Act, and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act must be

  • (a) made in the prescribed form; and

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

    • (i) evidence that establishes the date and place of birth of the person in respect of whom the application is made,

    • (ii) evidence that establishes that the person is a person referred to in paragraph 3(1)(b) of the Act, for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) of the Act, and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act,

    • (iii) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one, and

    • (iv) a photograph of the person in the format specified on the prescribed form.

• Marginal note:Application to renounce — paragraph 3(1)(f) or (g) of Act

  (2) An application to renounce the citizenship conferred by the Act on a person referred to in paragraph 3(1)(f) or (g) of the Act or on a person referred to in any of paragraphs 3(1)(k) to (r) of the Act who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act, must be

  • (a) made in the prescribed form; and

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

    • (i) evidence that establishes the date and place of birth of the person in respect of whom the application is made,

    • (ii) evidence that establishes that the person is a person referred to in paragraph 3(1)(f) or (g) of the Act, or a person referred to in any of paragraphs 3(1)(k) to (r) of the Act and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act,

    • (iii) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one, and

    • (iv) a photograph of the person in the format specified on the prescribed form.

Resumption of Citizenship

Marginal note:Application under subsection 11(1) of the Act

• 12 (1) An application made under subsection 11(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) evidence that establishes that the applicant was a citizen but has ceased to be one;

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

  • (d) evidence that establishes that the applicant meets the requirements set out in subparagraph 11(1)(d)(i) of the Act;

  • (e) 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;

  • (f) if the applicant has one of the numbers referred to in subparagraphs (e)(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;

  • (g) if an applicant does not have one of the numbers referred to in subparagraphs (e)(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 the taxation year before the day on which the application is made;

  • (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 11(1) of Act — Canadian Forces member

  (2) An application made under subsection 11(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) evidence that establishes that the applicant was a citizen but has ceased to be one;

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

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

  • (e) 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;

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

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

  • (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 11(1) of Act — Canadian Forces

  (3) An application made under subsection 11(1) of the Act by an applicant 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 was a citizen but has ceased to be one;

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

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

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

Marginal note:Subsection 11(2) of Act

• 13 (1) For the purposes of subsection 11(2) of the Act, a woman may give notice in writing to the Minister in the manner determined by the Minister, together with the evidence that she has that relates to the following:

  • (a) her date and place of birth;

  • (b) the date and place of her marriage;

  • (c) her nationality immediately before her marriage;

  • (d) the nationality of her husband at the time of their marriage; and

  • (e) any nationality acquired by her husband since their marriage.

• Marginal note:Inquiry

  (2) If the Minister does not receive, together with the notice, evidence that establishes whether a woman meets the requirements of subsection 11(2) of the Act, the Minister must without delay contact the woman and make all reasonable inquiries in an endeavour to obtain such evidence.