Citizenship Regulations (SOR/93-246)

8 [Repealed, SOR/2015-129, s. 3]

9 [Repealed, SOR/2015-129, s. 3]

10 [Repealed, SOR/2015-129, s. 3]

Procedure

11 [Repealed, SOR/2014-186, s. 1]

• 12 (1) [Repealed, SOR/2018-264, s. 3]

• (2) When an applicant appears before a citizenship judge, the judge may permit the applicant to be accompanied by

  • (a) a person who does not have a citizenship application in progress;

  • (b) a person acting as an interpreter who is at least 18 years of age and who does not have a citizenship application in progress; and

  • (c) any other person, if their exclusion would cause the applicant undue hardship.

• (3) A person referred to in paragraph (2)(b) or a person referred to in paragraph (2)(c) who also acts as an interpreter must have sufficient knowledge of one of Canada’s official languages in order to be able to understand the judge’s instructions and questions and to communicate with the judge.

13 [Repealed, SOR/94-442, s. 2]

Official Languages Criteria

14 A person is considered to have an adequate knowledge of one of the official languages of Canada if they demonstrate that they have competence in basic communication in that language such that they are able to

• (a) take part in short, routine conversations about everyday topics;

• (b) understand simple instructions and directions;

• (c) use basic grammar, including simple structures and tenses, in oral communication; and

• (d) use vocabulary that is adequate for routine oral communication.

Knowledge of Canada and Citizenship Criteria

• 15 (1) A person is considered to have an adequate knowledge of Canada if they demonstrate, based on their responses to questions prepared by the Minister, that they know the national symbols of Canada and have a general understanding of the following subjects:

  • (a) the chief characteristics of Canadian political and military history;

  • (b) the chief characteristics of Canadian social and cultural history;

  • (c) the chief characteristics of Canadian physical and political geography;

  • (d) the chief characteristics of the Canadian system of government as a constitutional monarchy; and

  • (e) characteristics of Canada other than those referred to in paragraphs (a) to (d).

• (2) A person is considered to have an adequate knowledge of the responsibilities and privileges of citizenship if they demonstrate, based on their responses to questions prepared by the Minister, that they have a general understanding of the following subjects:

  • (a) participation in the Canadian democratic process;

  • (b) participation in Canadian society, including volunteerism, respect for the environment and the protection of Canada’s natural, cultural and architectural heritage;

  • (c) respect for the rights, freedoms and obligations set out in the laws of Canada; and

  • (d) the responsibilities and privileges of citizenship other than those referred to in paragraphs (a) to (c).

16 [Repealed, SOR/2009-108, s. 19]

Ceremonial Procedures of Citizenship Judges

• 17 (1) The ceremonial procedures to be followed by citizenship judges shall be appropriate to impress on new citizens the responsibilities and privileges of citizenship and, without limiting the generality of the foregoing, a citizenship judge shall, during a ceremony held for the presentation of certificates of citizenship,

  • (a) emphasize the significance of the ceremony as a milestone in the lives of the new citizens;

  • (b) subject to subsection 22(1), administer the oath of citizenship with dignity and solemnity, allowing the greatest possible freedom in the religious solemnization or the solemn affirmation thereof;

  • (c) personally present certificates of citizenship, unless otherwise directed by the Minister; and

  • (d) promote good citizenship, including respect for the law, the exercise of the right to vote, participation in community affairs and intergroup understanding.

• (2) Unless the Minister otherwise directs, a certificate of citizenship issued to a person who has been granted citizenship under subsection 5(l) of the Act shall be presented at a ceremony described in subsection (l).

18 [Repealed, SOR/2009-108, s. 20]

Oath of Citizenship

• 19 (1) Subject to subsection 5(3) of the Act and section 22 of these Regulations, a person who has been granted citizenship under subsection 5(1) of the Act shall take the oath of citizenship by swearing or solemnly affirming it before a citizenship judge.

• (2) Unless the Minister otherwise directs, the oath of citizenship shall be taken at a citizenship ceremony.

• (3) If a person is to take the oath of citizenship at a citizenship ceremony, a certificate of citizenship shall be forwarded by the Registrar to a citizenship officer of the appropriate citizenship office, who shall notify the person of the date, time and place at which the person is to appear before the citizenship judge to take the oath of citizenship and receive the person’s certificate of citizenship.

• 20 (1) Subject to subsection 5(3) of the Act and section 22 of these Regulations, a person who is 14 years of age or older on the day on which the person is granted citizenship under subsection 5(2) or (4) or 11(1) of the Act shall take the oath of citizenship by swearing or solemnly affirming it

  • (a) before a citizenship judge, if the person is in Canada; or

  • (b) before a foreign service officer, if the person is outside Canada.

• (2) Where a person is to take the oath of citizenship pursuant to subsection (1), the Registrar shall forward a certificate of citizenship to

  • (a) if the oath is to be taken in Canada, a citizenship officer of the citizenship office that the Registrar considers appropriate in the circumstances; or

  • (b) if the oath is to be taken in another country, a foreign service officer in that country.

• (3) A citizenship officer or foreign service officer mentioned in paragraph (2)(a) or (b) shall notify the person of the date, time and place at which the person is to appear and take the oath of citizenship.

21 Subject to section 22, a person who takes the oath of citizenship pursuant to subsection 19(1) or 20(1) shall, at the time the person takes it, sign a certificate in prescribed form certifying that the person has taken the oath, and the certificate shall be countersigned by the citizenship officer or foreign service officer who administered the oath and forwarded to the Registrar.

• 22 (1) The Minister or a person authorized by the Minister in writing to act on the Minister’s behalf may administer the oath of citizenship to any person who has been granted citizenship and, in such case, the Registrar shall make all necessary arrangements for the purpose of administering the oath.

• (2) Where the Minister or a person authorized by the Minister in writing to act on the Minister’s behalf administers the oath of citizenship, a citizenship officer who is authorized to do so by the Registrar shall countersign the certificate and forward it to the Registrar.

23 [Repealed, SOR/2014-186, s. 2]

Oaths, Solemn Affirmations and Declarations

24 Subject to sections 19 to 22, any oath, solemn affirmation or declaration that is made for the purposes of the Act or these Regulations may be taken before

• (a) the Registrar, a citizenship judge, a citizenship officer, a commissioner for taking oaths, a notary public or a justice of the peace, if made in Canada; or

• (b) a foreign service officer, a judge, a magistrate, an officer of a court of justice or a commissioner authorized to administer oaths in the country in which the person is living, if made outside Canada.

Replacement, Surrender and Cancellation of Certificates

• 25 (1) Subject to subsection (2), no person shall hold

  • (a) more than one valid

    • (i) certificate of naturalization or certificate of citizenship, and

    • (ii) miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph; or

  • (b) more than one certificate of renunciation.

• (2) Where a person is included in a certificate of naturalization that relates to more than one person, the person may also hold a certificate of citizenship.

• (3) When a person who has been granted or issued a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph makes an application for a certificate of citizenship under section 14 of the Regulations, the person shall surrender all certificates referred to in paragraph (1)(a) that are in the person’s possession to a citizenship officer or foreign service officer at the time the application is filed or at the time the new certificate is received.

• (4) [Repealed, SOR/2015-129, s. 6]

• (5) When a person who has been issued a certificate of renunciation makes an application for another certificate, the person shall surrender the previously issued certificate to a citizenship officer or foreign service officer at the time the application is filed or at the time the new certificate is received.

• (6) and (7) [Repealed, SOR/2015-129, s. 6]

• 26 (1) The Registrar shall, in writing, require a person to surrender to the Registrar any certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph, or certificate of renunciation, issued or granted to the person under the Act or prior legislation or any regulations made under them if there is reason to believe that the person may not be entitled to the certificate or has violated any of the provisions of the Act, and the person shall forthwith comply with the requirement.

• (2) If the Registrar becomes aware that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the holder’s photograph, or certificate of renunciation, contravened any provision of the Act, the Registrar shall cause to be retained any certificate surrendered to the Registrar by that person until that certificate is no longer required as evidence in any legal proceedings that may be instituted in consequence of the alleged contravention.

• (3) Where the Minister has determined that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate that contains the holder’s photograph, or certificate of renunciation, issued or granted under the Act or prior legislation or any regulations made thereunder is not entitled to the certificate, the Registrar shall cancel the certificate.

• (4) The Registrar shall forthwith return the certificate to the person where the Minister has determined that the person is entitled to the certificate.

Disclosure of Information

26.1 If the Minister determines that the conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Minister may disclose the following information about that person to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

• (a) their name, postal address, telephone number, fax number and email address;

• (b) the name of the professional body of which they are a member and their membership identification number;

• (c) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.