- (a) a person is deemed to be born in Canada if the person is born on a Canadian vessel as defined in section 2 of the Canada Shipping Act, 2001 , or on an aircraft registered in Canada under the Aeronautics Act and regulations made under that Act;
- (b) a person who is lawfully present and entitled to permanently reside in Canada is deemed to have been lawfully admitted to Canada for permanent residence; and
- (c) a person against whom a removal order has been made remains under that order
- (i) unless all rights of review by or appeal to the Immigration Appeal Division of the Immigration and Refugee Board, the Federal Court of Appeal and the Supreme Court of Canada have been exhausted with respect to the order and the final result of those reviews or appeals is that the order has no force or effect, or
- (ii) until the order has been executed.
- R.S., 1985, c. C-29, s. 2
- R.S., 1985, c. 28 (4th Supp.), s. 36
- 1992, c. 21, s. 6
- 2000, c. 12, s. 74
- 2001, c. 26, s. 286, c. 27, s. 227.1
- 2002, c. 8, s. 183
- 2008, c. 14, s. 1
PART I The Right to Citizenship
Marginal note: Persons who are citizens
- 3 (1) Subject to this Act, a person is a citizen if
- (a) the person was born in Canada after February 14, 1977;
- (b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;
- (c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;
- (c.1) the person has been granted citizenship under section 5.1;
- (d) the person was a citizen immediately before February 15, 1977;
- (e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act;
- (f) before the coming into force of this paragraph, the person ceased to be a citizen for any reason other than the following reasons and did not subsequently become a citizen:
- (i) the person renounced his or her citizenship under any of the following provisions:
- (A) paragraph 19(2)(c) of the Canadian Citizenship Act , S.C. 1946, c. 15, as enacted by S.C. 1951, c. 12, s. 1(3),
- (B) paragraph 19(2)(c) of the Canadian Citizenship Act , R.S.C. 1952, c. 33,
- (C) subparagraph 19(1)(b)(iii) of the Canadian Citizenship Act , R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5,
- (D) subparagraph 18(1)(b)(iii) of the former Act,
- (E) section 8 of the Citizenship Act , S.C. 1974-75-76, c. 108, or
- (F) section 9 of this Act,
- (A) paragraph 21(1)(b) of the Canadian Citizenship Act , S.C. 1946, c. 15,
- (B) paragraph 19(1)(b) of the Canadian Citizenship Act , S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 8,
- (C) paragraph 19(1)(b) of the Canadian Citizenship Act , R.S.C. 1952, c. 33, as it read before the coming into force of An Act to amend the Canadian Citizenship Act , S.C. 1967-68, c. 4,
- (D) paragraph 19(1)(a) of the Canadian Citizenship Act , R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 5,
- (E) paragraph 18(1)(a) of the former Act,
- (F) section 9 of the Citizenship Act , S.C. 1974-75-76, c. 108, or
- (G) section 10 of this Act, or
- (i) subsection 10(1) of the Citizenship Act , S.C. 1974-75-76, c. 108,
- (ii) subsection 5(1) or (4) or 11(1) of this Act, or
- (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;
- (a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;
- (b) an employee in the service of a person referred to in paragraph (a); or
- (c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).
- (a) before January 1, 1947, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
- (b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently
- (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
- (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
- (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
- (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
- (a) before April 1, 1949, the person made a declaration of alienage, had his or her status as a British subject revoked or ceased to be a British subject as a consequence of the revocation of another person’s status as a British subject; or
- (b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently
- (i) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F), or
- (ii) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
- (a) renounced his or her citizenship under any of the provisions set out in clauses (1)(f)(i)(A) to (F); or
- (b) had his or her citizenship revoked for false representation, fraud or concealment of material circumstances under any of the provisions set out in clauses (1)(f)(ii)(A) to (G).
- (a) if, at the time of his or her birth, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r) or both of the person’s parents were citizens under any of those paragraphs;
- (a.1) if the person was born before January 1, 1947 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(o) or (q), or both of the person’s parents were citizens under either of those paragraphs;
- (a.2) if the person was born before April 1, 1949 and, on that day, only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(p) or (r), or both of the person’s parents were citizens under either of those paragraphs; or
- (b) if, at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions, or both of the person’s parents were citizens under any of the following provisions:
- (i) paragraph 4(b) or 5(b) of the Canadian Citizenship Act , S.C. 1946, c. 15,
- (ii) paragraph 5(1)(b) of the Canadian Citizenship Act , S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,
- (iii) paragraph 4(1)(b) of the Canadian Citizenship Act , S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),
- (iv) paragraph 5(1)(b) of the Canadian Citizenship Act , S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),
- (v) paragraph 4(1)(b) of the Canadian Citizenship Act , R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),
- (vi) paragraph 5(1)(b) of the Canadian Citizenship Act , R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),
- (vii) subsection 39B(1) of the Canadian Citizenship Act , R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or
- (viii) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act.
- (a) born to a parent who, at the time of the person’s birth, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;
- (b) born to a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
- (c) born to a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
- (a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
- (b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
- (a) he or she was born to a parent who was born in Canada and who is a citizen under paragraph (1)(f) or (i); or
- (b) he or she was born to a parent who was born outside Canada to parents neither of whom was a citizen at the time of that parent’s birth, and who is a citizen under paragraph (1)(f) or (i).
- (a) a person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) to (iii) is deemed to be a citizen under paragraph (1)(c) from the time that he or she ceased to be a citizen:
- (i) subsection 10(1) of the Citizenship Act , S.C. 1974-75-76, c. 108,
- (ii) subsection 5(1) or (4) or 11(1) of this Act, or
- (iii) paragraph 5(2)(a) of this Act, as it read before the coming into force of this paragraph;
- (a) subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and
- (b) no action or other proceedings for damages based on subsection (7) may be brought against Her Majesty in right of Canada or any officers, employees or agents of Her Majesty in right of Canada in respect of anything done or omitted to be done during that period.
- R.S., 1985, c. C-29, s. 3
- 1995, c. 5, s. 25
- 2007, c. 24, s. 1
- 2008, c. 14, ss. 2, 13
- 2014, c. 22, s. 2
Marginal note: Deserted child
- 4 (1) For the purposes of paragraph 3(1)(a), every person who, before apparently attaining the age of seven years, was found as a deserted child in Canada shall be deemed to have been born in Canada, unless the contrary is proved within seven years from the date the person was found.
- Marginal note: Child born after death of parent (2) For the purposes of paragraph 3(1)(b) and subsection 3(2), where a child is born after the death of either of his parents, the child shall be deemed to have been born before the death of that parent.
- (3) [Repealed, 2008, c. 14, s. 3]
- R.S., 1985, c. C-29, s. 4
- 2008, c. 14, s. 3
Marginal note: Grant of citizenship
- 5 (1) The Minister shall grant citizenship to any person who
- (a) makes application for citizenship;
- (b) [Repealed, 2017, c. 14, s. 1]
- (c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has
- (i) been physically present in Canada for at least 1,095 days during the five years immediately before the date of his or her application, and
- (ii) [Repealed, 2017, c. 14, s. 1]
- (iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the five years immediately before the date of his or her application;
- (a) for every day during which the person was physically present in Canada as a temporary resident or protected person under the Immigration and Refugee Protection Act before becoming a permanent resident, the person accumulates half of a day of physical presence, up to a maximum of 365 days; and
- (b) for every day during which the person has been physically present in Canada since becoming a permanent resident, the person accumulates one day of physical presence.
- (a) made by a person who has custody of the minor or who is empowered to act on their behalf by virtue of a court order or written agreement or by operation of law, unless otherwise ordered by a court; and
- (b) countersigned by the minor, if the minor 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.
- (a) during the six years immediately before the date of his or her application, completed three years of service in the Canadian Armed Forces; and
- (b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of three taxation years that are fully or partially within the six years immediately before the date of his or her application.
However, paragraph (1)(c) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
- (a) an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child; and
- (b) the person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident.
- (c) and (d) [Repealed, 2017, c. 14, s. 1]
- (a) in the case of any person, the requirements of paragraph (1)(d) or (e);
- (b) in the case of a minor,
- (i) [Repealed, 2017, c. 14, s. 1]
- (ii) the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),
- (iii) [Repealed, 2017, c. 14, s. 1]
- (iv) the requirement respecting the taking of the oath of citizenship, or
- (v) the requirement respecting who may make an application in respect of a minor set out in paragraph (1.04)(a); and
- (a) is born outside Canada after the coming into force of this subsection;
- (b) has a birth parent who was a citizen at the time of the birth;
- (c) is less than 23 years of age;
- (d) has been physically present in Canada for at least 1,095 days during the four years immediately before the date of his or her application;
- (e) has always been stateless; and
- (f) has not been convicted of any of the following offences:
- (i) a terrorism offence, as defined in section 2 of the Criminal Code ,
- (ii) an offence under section 47, 51 or 52 of the Criminal Code ,
- (iii) an offence under subsection 5(1) or any of sections 6 and 16 to 22 of the Security of Information Act , or
- (iv) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in subparagraph (ii) or (iii).
- R.S., 1985, c. C-29, s. 5
- R.S., 1985, c. 44 (3rd Supp.), s. 1
- 1992, c. 21, s. 7
- 2000, c. 12, s. 75
- 2001, c. 27, s. 228
- 2003, c. 22, s. 149(E)
- 2008, c. 14, s. 4
- 2014, c. 22, s. 3
- 2017, c. 14, s. 1
Marginal note: Adoptees — minors
- 5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoption
- (a) was in the best interests of the child;
- (b) created a genuine relationship of parent and child;
- (c) was in accordance with the laws of the place where the adoption took place and the laws of the country of residence of the adopting citizen;
- (c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and
- (d) was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.
- (a) there was a genuine relationship of parent and child between the person and the adoptive parent before the person attained the age of 18 years and at the time of the adoption; and
- (b) the adoption meets the requirements set out in paragraphs (1)(c) to (d).
- (a) the Quebec authority responsible for international adoptions advises, in writing, that in its opinion the adoption meets the requirements of Quebec law governing adoptions; and
- (b) the adoption was not entered into primarily for the purpose of acquiring a status or privilege in relation to immigration or citizenship.
- (a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;
- (a.1) if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;
- (a.2) if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; or
- (b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.
- (a) adopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;
- (b) adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
- (c) adopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
- (a) only one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); and
- (b) the other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).
- 2007, c. 24, s. 2
- 2008, c. 14, s. 13
- 2014, c. 22, s. 4
Marginal note: Citizenship by way of grant under section 5.1 — grandchild of person in service abroad
5.2 A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of subparagraphs 3(3)(b)(i) to (viii) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this section, to have been granted citizenship under section 5.1:
- (a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or
- (b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.
- 2014, c. 22, s. 5
Marginal note: Rights and obligations
6 A citizen, whether or not born in Canada, is entitled to all rights, powers and privileges and is subject to all obligations, duties and liabilities to which a person who is a citizen under paragraph 3(1)(a) is entitled or subject and has a like status to that of such person.
- 1974-75-76, c. 108, s. 5
PART II Loss of Citizenship
Marginal note: No loss except as provided
7 A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(1)(j.1).
- R.S., 1985, c. C-29, s. 7
- 2008, c. 14, s. 5
- 2014, c. 22, s. 6
8 [Repealed, 2008, c. 14, s. 6]
Marginal note: Renunciation of citizenship
- 9 (1) Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he
- (a) is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada;
- (b) is not the subject of a declaration by the Governor in Council made pursuant to section 20;
- (c) is not a minor;
- (d) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability; and
- (e) does not reside in Canada.
- R.S., 1985, c. C-29, s. 9
- 1992, c. 21, s. 8
- 2014, c. 22, s. 7
- 2017, c. 14, s. 2
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.
- (2) [Repealed, 2017, c. 14, s. 3]
- Marginal note: Notice (3) Before a person’s citizenship or renunciation of citizenship may be revoked, the Minister shall provide the person with a written notice that
- (a) advises the person of his or her right to make written representations;
- (b) specifies the form and manner in which the representations must be made;
- (c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and
- (d) advises the person that the case will be referred to the Court unless the person requests that the case be decided by the Minister.
- (a) make written representations with respect to the matters set out in the notice, including any considerations respecting his or her personal circumstances — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances of the case and whether the decision will render the person stateless; and
- (b) request that the case be decided by the Minister.
- (a) the person has made written representations under paragraph (3.1)(a) and the Minister is satisfied
- (i) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, or
- (ii) that considerations respecting the person’s personal circumstances warrant special relief in light of all the circumstances of the case; or
- R.S., 1985, c. C-29, s. 10
- 2014, c. 22, s. 8
- 2017, c. 14, s. 3
Marginal note: Revocation for fraud — declaration of Court
- 10.1 (1) Unless a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.
- (2) [Repealed, 2017, c. 14, s. 4]
- Marginal note: Effect of declaration (3) A declaration made under subsection (1) has the effect of revoking a person’s citizenship or renunciation of citizenship.
- Marginal note: Proof (4) For the purposes of subsection (1), if the Minister seeks a declaration that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in sections 34, 35, 35.1 or 37 of the Immigration and Refugee Protection Act , the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.
- 2014, c. 22, s. 8
- 2017, c. 14, s. 4
- 2023, c. 19, s. 14
Marginal note: Presumption
10.2 For the purposes of subsections 10(1) and 10.1(1), a person has obtained or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances if the person became a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , by false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship.
- 2014, c. 22, s. 8
10.3 [Repealed, 2017, c. 14, s. 5]
10.4 [Repealed, 2017, c. 14, s. 5]
Marginal note: Inadmissibility
- 10.5 (1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act .
- Marginal note: Party (2) When a declaration is sought under subsection (1), the Minister of Public Safety and Emergency Preparedness becomes a party to the action commenced under subsection 10.1(1).
- Marginal note: Removal order (3) A declaration that the person is inadmissible on one of the grounds referred to in subsection (1) is a removal order against the person under the Immigration and Refugee Protection Act that comes into force when it is made, without the necessity of holding or continuing an examination or an admissibility hearing under that Act. The removal order is a deportation order as provided for in regulations made under that Act.
- Marginal note: Procedure (4) If a declaration is sought under subsection (1), the Court shall first hear and decide all matters related to the declaration sought under subsection 10.1(1). If the Court denies the declaration sought under subsection 10.1(1), it shall also deny the declaration sought under subsection (1).
- Marginal note: Evidence (5) If a declaration sought under subsection (1) is not denied under subsection (4), the Court
- (a) shall assess the facts — whether acts or omissions — alleged in support of the declaration on the basis of reasonable grounds to believe that they have occurred, are occurring or may occur;
- (b) shall take into account the evidence already admitted by it and consider as conclusive any finding of fact already made by it in support of the declaration sought under subsection 10.1(1); and
- (c) with respect to any additional evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.
- 2014, c. 22, s. 8
- 2017, c. 14, s. 5.1
Marginal note: No appeal from interlocutory judgment
10.6 Despite paragraph 27(1)(c) of the Federal Courts Act , no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or 10.5(1).
- 2014, c. 22, s. 8
- 2017, c. 14, s. 6
Marginal note: No appeal unless question stated
10.7 An appeal to the Federal Court of Appeal may be made from a judgment under section 10.1 or 10.5 only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
- 2014, c. 22, s. 8
PART III Resumption of Citizenship
Marginal note: Resumption by application
- 11 (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,
- (a) makes an application for resumption of citizenship;
- (b) is not the subject of an order made under section 10, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act , a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;
- (b.1) is not the subject of a declaration made under section 20;
- (c) is not under a removal order; and
- (d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since having ceased to be a citizen and become a permanent resident,
- (i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and
- (ii) met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.
- (a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and
- (b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.
However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.
- (a) by virtue of any law of Canada in force at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject, and
- (b) would have been a citizen had the former Act come into force immediately before her marriage or the acquisition by her husband of a foreign nationality,
acquires citizenship immediately on the receipt by the Minister of a notice in writing by her that she elects to be a citizen.
- R.S., 1985, c. C-29, s. 11
- 2001, c. 27, s. 229
- 2005, c. 17, s. 1
- 2008, c. 14, s. 7
- 2014, c. 22, s. 9
- 2017, c. 14, s. 7
PART IV Evidence of Citizenship
Marginal note: Application for evidence of citizenship
- 12 (1) The Minister shall, on application by a person, determine whether they are a citizen and, if they are,
- (a) subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to them; or
- (b) subject to any regulations made under paragraph 27(1)(i) or (i.1), provide them with some other means to establish their citizenship.
- (a) issue a certificate of citizenship to the person; or
- (b) provide the person with some other means to establish their citizenship.
- R.S., 1985, c. C-29, s. 12
- 2008, c. 14, ss. 8, 13
- 2014, c. 22, s. 10
- 2023, c. 26, s. 301
PART V Procedure
Marginal note: Applications
13 An application is to be accepted for processing under this Act only if all of the following conditions are satisfied:
- (a) the application is made in the form and manner and at the place required under this Act;
- (b) it includes the information required under this Act;
- (c) it is accompanied by any supporting evidence and fees required under this Act.
- R.S., 1985, c. C-29, s. 13
- 2008, c. 14, s. 9
- 2014, c. 22, s. 11
Marginal note: Suspension of processing
13.1 The Minister may suspend the processing of an application for as long as is necessary to receive
- (a) any information or evidence or the results of any investigation or inquiry for the purpose of ascertaining whether the applicant meets the requirements under this Act relating to the application, whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies with respect to the applicant; and
- (b) in the case of an applicant who is a permanent resident and who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act , the determination as to whether a removal order is to be made against the applicant.
- 2014, c. 22, s. 11
Marginal note: Abandonment of application
- 13.2 (1) The Minister may treat an application as abandoned
- (a) if the applicant fails, without reasonable excuse, when required by the Minister under section 23.1,
- (i) in the case where the Minister requires additional information or evidence without requiring an appearance, to provide the additional information or evidence by the date specified, or
- (ii) in the case where the Minister requires an appearance for the purpose of providing additional information or evidence, to appear at the time and at the place — or at the time and by the means — specified or to provide the additional information or evidence at his or her appearance; or
- 2014, c. 22, s. 11
Marginal note: Consideration by citizenship judge
- 14 (1) If an application is accepted for processing and later referred to a citizenship judge because the Minister is not satisfied that the applicant meets the requirements of the following provisions, the citizenship judge shall determine whether the applicant meets those requirements within 60 days after the day on which the application is referred:
- (a) subparagraph 5(1)(c)(i), in the case of an application for citizenship under subsection 5(1);
- (b) paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); and
- (c) subparagraph 11(1)(d)(i), in the case of an application for resumption of citizenship under subsection 11(1).
- (a) the completion of any investigation or inquiry for the purpose of ascertaining whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies to the applicant; and
- (b) if the applicant is the subject of an admissibility hearing under the Immigration and Refugee Protection Act , a determination as to whether a removal order is to be made against that applicant.
- (a) after the completion of an investigation or inquiry referred to in paragraph (1.1)(a), it is determined that section 20 or 22 applies to the applicant; and
- (b) after an admissibility hearing referred to in paragraph (1.1)(b), there has been a determination to make a removal order against the applicant.
- R.S., 1985, c. C-29, s. 14
- 1995, c. 15, s. 23
- 2001, c. 27, s. 230
- 2008, c. 14, s. 10
- 2014, c. 22, s. 12
- 2017, c. 14, s. 8
Marginal note: Obligation — answer truthfully
15 A person who makes an application under this Act must answer truthfully all questions put to him or her that are related to the application.
- R.S., 1985, c. C-29, s. 15
- 2014, c. 22, s. 13
16 [Repealed, 2014, c. 22, s. 13]
17 [Repealed, 2014, c. 22, s. 13]
18 [Repealed, 2014, c. 22, s. 14]
Marginal note: Definitions
- 19 (1) The following definitions apply in this section and sections 19.1, 19.2 and 20. means the National Security and Intelligence Review Agency. ( Office de surveillance ) has the same meaning as in section 2 of the Canadian Security Intelligence Service Act . ( menaces envers la sécurité du Canada )
- Marginal note: Report to Review Agency (2) The Minister may make a report to the Review Agency if the Minister is of the opinion that a person should not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 because there are reasonable grounds to believe that the person has engaged, is engaging or may engage in activity
- (a) that constitutes a threat to the security of Canada; or
- (b) that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment.
- R.S., 1985, c. C-29, s. 19
- 1992, c. 1, s. 144(F)
- 1997, c. 22, s. 1
- 2014, c. 22, s. 15
- 2019, c. 13, s. 24
- 2019, c. 13, s. 25
Marginal note: Appointment of a judge
- 19.1 (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Agency described in subsections 19(4), (5) and (6).
- Marginal note: Tenure and re-appointment (2) The appointed person holds office during good behaviour and may be removed by the Governor in Council at any time for cause. The person is eligible to be re-appointed.
- Marginal note: Remuneration and expenses (3) The appointed person shall be paid, for each day that the person performs duties under this Act, such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred in the course of their duties under this Act while absent from their ordinary place of residence.
- 1997, c. 22, s. 2
- 2019, c. 13, s. 25
Marginal note: Referral
- 19.2 (1) The Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Agency has ceased to investigate under subsection 19(4.1) and, in that case, the Minister must make a report described in subsection 19(2) to the appointed person and send the notice described in subsection 19(3).
- Marginal note: Application of subsections 19(4), (5) and (6) (2) Subsections 19(4), (5) and (6) apply to the appointed person as if that person were the Review Committee.
- 1997, c. 22, s. 2
- 2019, c. 13, s. 25
Marginal note: Annual report
19.3 The person appointed under subsection 19.1(1) must, not later than September 30, submit to the Minister of Public Safety and Emergency Preparedness a report of the activities of the person during the preceding fiscal year and that Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.
- 1997, c. 22, s. 2
- 2005, c. 10, s. 14
Marginal note: Declaration by Governor in Council — security
- 20 (1) Despite anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 if, after considering the report made under subsection 19(6) by the Review Agency or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made has engaged, is engaging or may engage in an activity described in paragraph 19(2)(a) or (b).
- Marginal note: Effect on applications and appeals (2) If a person is the subject of a declaration made under subsection (1), any application that has been made by that person under section 5 or 9 or subsection 11(1) is deemed to be refused and any related application for judicial review or appeal is deemed to be dismissed.
- Marginal note: Expiration of declaration (3) A declaration made under subsection (1) ceases to have effect 10 years after the day on which it is made.
- Marginal note: Further declaration (4) Notwithstanding that a declaration has been previously made under subsection 20(1) with respect to a person, the Governor in Council may, after considering any further application made by that person, make a further declaration under that subsection with respect to that person.
- Marginal note: Conclusive proof (5) Notwithstanding anything in this Act or any other Act of Parliament, a declaration by the Governor in Council under subsection (1) is conclusive of the matters stated therein in relation to an application for citizenship or for the issue of a certificate of renunciation.
- R.S., 1985, c. C-29, s. 20
- 1997, c. 22, s. 3
- 2014, c. 22, s. 16
- 2019, c. 13, s. 25
Marginal note: Periods not counted as physical presence
21 Despite anything in this Act, no period may be counted as a period of physical presence for the purpose of this Act during which a person, under any enactment in force in Canada,
- (a) has been under a probation order;
- (b) has been a paroled inmate; or
- (c) has served a term of imprisonment.
- R.S., 1985, c. C-29, s. 21
- 2014, c. 22, s. 17
- 2017, c. 14, s. 9
Marginal note: Representation or advice for consideration
- 21.1 (1) Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act.
- Marginal note: Persons who may represent or advise (2) Subsection (1) does not apply to
- (a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;
- (b) any other member in good standing of a law society of a province; or
- (c) a member in good standing of the , as defined in section 2 of the College of Immigration and Citizenship Consultants Act .
- 2014, c. 22, s. 18
- 2019, c. 29, s. 293
Marginal note: Prohibition
- 22 (1) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship
- (a) while the person, under any enactment in force in Canada,
- (i) is under a probation order,
- (ii) is a paroled inmate, or
- (iii) is serving a term of imprisonment;
- (a) during the four-year period immediately before the date of the person’s application; or
- (b) during the period beginning on the date of the person’s application and ending on the date on which the person would otherwise be granted citizenship or take the oath of citizenship.
- (a) the four-year period immediately before the date of the person’s application; or
- (b) the period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship.
- (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;
- (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; or
- (i) served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in an armed conflict with Canada.
- R.S., 1985, c. C-29, s. 22
- R.S., 1985, c. 30 (3rd Supp.), s. 11
- 1992, c. 47, s. 67, c. 49, s. 124
- 1999, c. 31, s. 42
- 2000, c. 24, s. 33
- 2001, c. 27, s. 231
- 2008, c. 14, s. 11
- 2014, c. 22, s. 19
- 2017, c. 14, s. 10
PART V.1 Judicial Review
Marginal note: Application for judicial review only with leave
- 22.1 (1) An application for judicial review with respect to any matter under this Act may be made only with leave of the Court.
- Marginal note: Application for leave (2) The following provisions govern an application for leave:
- (a) the application must be filed in the Registry of the Court and served on the other party within 30 days after the day on which the applicant is notified of or otherwise becomes aware of the matter;
- (b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application;
- (c) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and
- (d) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory decision.
- 2014, c. 22, s. 20
Marginal note: Judicial review
22.2 The following provisions govern the judicial review:
- (a) the judge who grants leave shall fix the day and place for a hearing;
- (b) the hearing shall be held no later than 90 days after the day on which leave is granted and, unless the parties agree otherwise, no earlier than 30 days after that day;
- (c) the judge shall dispose of the application without delay and in a summary way; and
- (d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
- 2014, c. 22, s. 20
Marginal note: Rules
22.3 With the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, applications for judicial review and appeals. The rules are binding despite any rule or practice that would otherwise apply.
- 2014, c. 22, s. 20
Marginal note: Inconsistency with Federal Courts Act
22.4 In the event of an inconsistency between the provisions of this Part and any provision of the Federal Courts Act , this Part prevails to the extent of the inconsistency.
- 2014, c. 22, s. 20
PART VI Administration
Marginal note: Delegation of authority
23 Anything that is required to be done or that may be done by the Minister or the Minister of Public Safety and Emergency Preparedness under this Act or the regulations may be done on that Minister’s behalf by any person authorized by that Minister in writing to act on that Minister’s behalf without proof of the authenticity of the authorization.
- R.S., 1985, c. C-29, s. 23
- 2014, c. 22, s. 21
Marginal note: Additional information, evidence or appearance
23.1 The Minister may require an applicant to provide any additional information or evidence relevant to his or her application, specifying the date by which it is required. For that purpose, the Minister may require the applicant to appear in person or by any means of telecommunication to be examined before the Minister or before a citizenship judge, specifying the time and the place — or the time and the means — for the appearance.
- 2014, c. 22, s. 22
Marginal note: Seizure
23.2 The Minister may seize and detain any document that is provided to him or her for the purposes of this Act if he or she has reasonable grounds to believe that it was fraudulently or improperly obtained or used or that the measure is necessary to prevent its fraudulent or improper use.
- 2017, c. 14, s. 11
Marginal note: Requirement to take oath of citizenship
24 Where a person is required under this Act to take the oath of citizenship, the person shall swear or affirm in the form set out in the schedule and in accordance with the regulations.
- 1974-75-76, c. 108, s. 23
Marginal note: Evidence of declarations
- 25 (1) Any declaration made under this Act or prior legislation or any regulations made thereunder may be proved in any legal proceeding by the production of the original declaration or of any copy thereof certified to be a true copy by the Minister, and the production of the declaration or copy is conclusive evidence of the contents thereof and of the person named therein as declarant having made the declaration at the date therein mentioned.
- Marginal note: Proof of certificates or other documents (2) A certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation may be proved in any legal proceeding by the production of the original certificate or document or of a document that is certified by the Minister as bearing the same information.
- R.S., 1985, c. C-29, s. 25
- 2014, c. 22, s. 23
Marginal note: Citizenship judges
- 26 (1) The Governor in Council may appoint any citizen to be a citizenship judge.
- Marginal note: Duties (2) In addition to his other duties set out in this Act, a citizenship judge shall perform such other duties as the Minister prescribes for carrying into effect the purposes and provisions of this Act.
- 1974-75-76, c. 108, s. 25
Marginal note: Regulations
- 27 (1) The Governor in Council may make regulations
- (a) [Repealed, 2014, c. 22, s. 24]
- (b) respecting fees for services provided in the administration of this Act, and cases in which those fees may be waived;
- (c) providing for the remission of fees referred to in paragraph (b);
- (c.1) providing for the circumstances in which an unfulfilled condition referred to in paragraph 5(1)(c), (2)(b) or 11(1)(d) need not be fulfilled;
- (d) providing for various criteria that may be applied to determine whether a person
- (i) has an adequate knowledge of one of the official languages of Canada, or
- (ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, as demonstrated in one of the official languages of Canada;
- (iii) [Repealed, 2008, c. 14, s. 12]
- (i) who are citizens under paragraph 3(1)(f) or (g),
- (ii) who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), or
- (iii) who are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9);
- R.S., 1985, c. C-29, s. 27
- 2007, c. 24, s. 3
- 2008, c. 14, s. 12
- 2013, c. 33, s. 170
- 2014, c. 22, s. 24
- 2015, c. 9, s. 10
- 2017, c. 14, s. 12
- 2019, c. 29, s. 294
- 2023, c. 26, s. 298
- 2023, c. 26, s. 302
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).
- 2007, c. 24, s. 3.1
- 2014, c. 22, s. 25
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
- 2014, c. 22, s. 26
- 2017, c. 14, s. 13
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.
- (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.
27.3 The Service Fees Act does not apply in respect of a fee for services provided in the administration of this Act.
- 2013, c. 33, s. 171
- 2014, c. 22, s. 44
- 2017, c. 20, s. 454
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.
- 1974-75-76, c. 108, s. 27
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.
- 2014, c. 22, s. 27
PART VI.1 Electronic 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 VII Offences
- 29 (1) For the purposes of this section, 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.
- (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.
- R.S., 1985, c. C-29, s. 29
- 2014, c. 22, s. 28
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.
- 2014, c. 22, s. 29
- 2019, c. 29, s. 295
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.
- (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.
- 2014, c. 22, s. 29
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.
- 1974-75-76, c. 108, s. 29
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.
- R.S., 1985, c. C-29, s. 31
- 2014, c. 22, s. 30
PART VIII Status 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.
- 1974-75-76, c. 108, s. 31
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.
- 1974-75-76, c. 108, s. 32
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.
- 1974-75-76, c. 108, s. 33
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.
- (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 .
- R.S., 1985, c. C-29, s. 35
- R.S., 1985, c. 28 (1st Supp.), s. 49
- 2001, c. 27, s. 232
Marginal note: Offences and punishment
- 36 (1) Every person who fails to comply with any prohibition, annulment or restriction made pursuant to subsection 35(1) is guilty of an offence and liable on summary conviction to a fine not exceeding ten thousand dollars or to imprisonment for a term not exceeding one year or to both.
- Marginal note: Officers, etc., of corporations (2) Where a corporation commits an offence under subsection (1), any officer, director or agent of the corporation who directed, authorized, assented to, acquiesced in or participated in the commission of the offence is a party to and guilty of the offence and is liable on conviction to the punishment provided for the offence whether or not the corporation has been prosecuted or convicted.
- 1974-75-76, c. 108, s. 33
Marginal note: Coming into force
37 Sections 35 and 36 shall come into force in any of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick, British Columbia, Prince Edward Island, Saskatchewan and Newfoundland and Labrador or in Yukon, the Northwest Territories or Nunavut on a day fixed in a proclamation of the Governor in Council declaring those sections to be in force in that Province or any of those territories.
- R.S., 1985, c. C-29, s. 37
- 1993, c. 28, s. 78
- 2002, c. 7, s. 131
- 2015, c. 3, s. 172
Marginal note: Disabilities
38 Sections 34 and 35 do not operate so as to
- (a) qualify any person for any office or for any municipal, parliamentary or other franchise;
- (b) qualify any person to be the owner of a Canadian ship;
- (c) qualify any person to take, acquire, hold or dispose of any property that under or pursuant to any Act of Parliament may be taken, acquired, held or disposed of only by citizens;
- (d) entitle any person to any right or privilege as a Canadian citizen except such rights and privileges in respect of property as are by this Act expressly given to the person; or
- (e) affect any estate or interest in real or personal property to which a person has or may become entitled, either mediately or immediately, in possession or expectancy, in pursuance of any disposition made before July 4, 1883, or in pursuance of any devolution by law on the death of any person dying before July 4, 1883.
- 1974-75-76, c. 108, s. 33
Marginal note: Trial
39 A person who is not a citizen is triable at law in the same manner as if the person were a citizen.
- 1974-75-76, c. 108, s. 34
SCHEDULE (Section 24) Oath or Affirmation of Citizenship
I swear (or affirm) that I will be faithful and bear true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her Heirs and Successors, and that I will faithfully observe the laws of Canada, including the Constitution, which recognizes and affirms the Aboriginal and treaty rights of First Nations, Inuit and Métis peoples, and fulfil my duties as a Canadian citizen.
- R.S., 1985, c. C-29, Sch.
- 2021, c. 13, s. 1
- (a) while the person, under any enactment in force in Canada,
- (a) if the applicant fails, without reasonable excuse, when required by the Minister under section 23.1,
- (i) the person renounced his or her citizenship under any of the following provisions: