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

Act current to 2015-06-09 and last amended on 2015-05-28. Previous Versions

Marginal note:Periods not counted as residence

 Notwithstanding anything in this Act, no period may be counted as a period of residence for the purpose of this Act during which a person has been, pursuant to any enactment in force in Canada,

  • (a) under a probation order;

  • (b) a paroled inmate; or

  • (c) confined in or been an inmate of any penitentiary, jail, reformatory or prison.

  • 1974-75-76, c. 108, s. 19.
Marginal note:Prohibition
  •  (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 is, pursuant to any enactment in force in Canada,

      • (i) under a probation order,

      • (ii) a paroled inmate, or

      • (iii) confined in or is an inmate of any penitentiary, jail, reformatory or prison;

    • (b) while the person is charged with, on trial for or subject to or a party to an appeal relating to an offence under subsection 29(2) or (3) or an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;

    • (c) while the person is under investigation by the Minister of Justice, the Royal Canadian Mounted Police or the Canadian Security Intelligence Service for, or is charged with, on trial for, subject to or a party to an appeal relating to, an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

    • (d) if the person has been convicted of an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

    • (e) if the person has not obtained the authorization to return to Canada required under subsection 52(1) of the Immigration and Refugee Protection Act;

    • (e.1) if the person directly or indirectly misrepresents or withholds material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act;

    • (e.2) if, during the five years immediately before the person’s application, the person was prohibited from being granted citizenship or taking the oath of citizenship under paragraph (e.1);

    • (f) if, during the 10 years immediately before the person’s application, the person ceased to be a citizen under paragraph 10(1)(a), as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, or under subsection 10(1) or paragraph 10.1(3)(a); or

    • (g) if the person’s citizenship has been revoked under subsection 10(2) or paragraph 10.1(3)(b).

  • Marginal note:Prohibition

    (2) Despite anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if,

    • (a) during the three year period immediately preceding the date of the person’s application, or

    • (b) during the period between the date of the person’s application and the date that the person would otherwise be granted citizenship or take the oath of citizenship,

    the person has been convicted of an offence under subsection 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act.

  • 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.