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

Act current to 2014-06-12 and last amended on 2014-02-06. Previous Versions

Marginal note:Where offence is committed outside Canada
  •  (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

 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 three years after the time when the offence was committed.

  • 1974-75-76, c. 108, s. 30.

PART VIIISTATUS OF PERSONS IN CANADA

Marginal note:Citizen of the Commonwealth
  •  (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

 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

 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
  •  (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.

  • Marginal note:Restriction

    (3) Subsections (1) and (2) do not operate so as to authorize or permit the Lieutenant Governor in Council of a province, or such other person or authority as is designated by the Lieutenant Governor in Council thereof, to make any decision or take any action that

    • (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.