Citizenship Act (R.S.C., 1985, c. C-29)

Act current to 2015-06-22 and last amended on 2015-06-11. Previous Versions

Marginal note:Consideration by citizenship judge
  •  (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) subparagraphs 5(1)(c)(i) and (ii), 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).

  • Marginal note:Interruption of proceedings

    (1.1) Despite subsection (1), the citizenship judge is not authorized to make a determination until

    • (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.

  • Marginal note:Application returned to Minister

    (1.2) Despite subsection (1), the citizenship judge is not authorized to make a determination if

    • (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.

  • Marginal note:Notice to Minister

    (2) Without delay after making a determination under subsection (1) in respect of an application, the citizenship judge shall approve or not approve the application in accordance with his or her determination, notify the Minister accordingly and provide the Minister with the reasons for his or her decision.

  • Marginal note:Notice to applicant

    (3) If a citizenship judge does not approve an application under subsection (2), the citizenship judge shall without delay notify the applicant of his or her decision, of the reasons for it and of the right to apply for judicial review.

  • (4) to (6) [Repealed, 2014, c. 22, s. 12]

  • 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.
Marginal note:Obligation — answer truthfully

 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.