Citizenship Act (R.S.C., 1985, c. C-29)
Full Document:
Act current to 2013-05-26 and last amended on 2009-04-17. Previous Versions
PART IV
CERTIFICATE OF CITIZENSHIP
Marginal note:Application for certificate of citizenship
12. (1) Subject to any regulations made under paragraph 27(i), the Minister shall issue a certificate of citizenship to any citizen who has made application therefor.
Marginal note:Issue of certificate
(2) When an application under section 5 or 5.1 or subsection 11(1) is approved, the Minister shall issue a certificate of citizenship to the applicant.
Marginal note:When effective
(3) A certificate issued pursuant to this section does not take effect until the person to whom it is issued has complied with the requirements of this Act and the regulations respecting the oath of citizenship.
- R.S., 1985, c. C-29, s. 12;
- 2008, c. 14, ss. 8, 13.
PART V
PROCEDURE
Marginal note:Applications
13. When an application is made or a notice is given under this Act
(a) it shall be made or given in such form and manner and at such place, and
(b) such evidence shall be provided and such fees shall be paid with respect thereto,
as are prescribed by the Minister pursuant to this Act or by the regulations.
- R.S., 1985, c. C-29, s. 13;
- 2008, c. 14, s. 9.
Marginal note:Consideration by citizenship judge
14. (1) An application for
(a) a grant of citizenship under subsection 5(1) or (5),
(b) [Repealed, 2008, c. 14, s. 10]
(c) a renunciation of citizenship under subsection 9(1), or
(d) a resumption of citizenship under subsection 11(1)
shall be considered by a citizenship judge who shall, within sixty days of the day the application was referred to the judge, determine whether or not the person who made the application meets the requirements of this Act and the regulations with respect to the application.
Marginal note:Interruption of proceedings
(1.1) Where an applicant is a permanent resident who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the citizenship judge may not make a determination under subsection (1) until there has been a final determination whether, for the purposes of that Act, a removal order shall be made against that applicant.
(1.2) [Repealed, 2001, c. 27, s. 230]
Marginal note:Advice to Minister
(2) Forthwith after making a determination under subsection (1) in respect of an application referred to therein but subject to section 15, the citizenship judge shall approve or not approve the application in accordance with his determination, notify the Minister accordingly and provide the Minister with the reasons therefor.
Marginal note:Notice to applicant
(3) Where a citizenship judge does not approve an application under subsection (2), the judge shall forthwith notify the applicant of his decision, of the reasons therefor and of the right to appeal.
Marginal note:Sufficiency
(4) A notice referred to in subsection (3) is sufficient if it is sent by registered mail to the applicant at his latest known address.
Marginal note:Appeal
(5) The Minister or the applicant may appeal to the Court from the decision of the citizenship judge under subsection (2) by filing a notice of appeal in the Registry of the Court within sixty days after the day on which
(a) the citizenship judge approved the application under subsection (2); or
(b) notice was mailed or otherwise given under subsection (3) with respect to the application.
Marginal note:Decision final
(6) A decision of the Court pursuant to an appeal made under subsection (5) is, subject to section 20, final and, notwithstanding any other Act of Parliament, no appeal lies therefrom.
- R.S., 1985, c. C-29, s. 14;
- 1995, c. 15, s. 23;
- 2001, c. 27, s. 230;
- 2008, c. 14, s. 10.
- Date modified: