Citizenship Regulations (SOR/93-246)

3.1 (1) Subject to subsection (2), an application made under subsection 5(5) of the Act shall be made in the prescribed form and filed with the Registrar together with the following materials:

• (a) a birth certificate or, if unobtainable, other evidence that establishes the date and place of birth of the person in respect of whom the application is made;

• (b) evidence that establishes that a birth parent of the person was a Canadian citizen at the time of the person’s birth;

• (c) two photographs of the person, of the size and type shown on a form prescribed under section 28 of the Act;

• (d) evidence that establishes that the person has resided in Canada for at least three years during the four years immediately before the date of his or her application; and

• (e) evidence that establishes that the person has always been stateless.

(2) An application referred to in subsection (1) that is made in respect of a minor child shall comply with the requirements of paragraphs 4(1)(a) and (b) and be made in the prescribed form and filed with the Registrar together with the materials described in subsection (1) and paragraphs 4(2)(c) and (e).

4. (1) An application made under subsection 5(2) of the Act on behalf of a minor child shall be

• (a) made to the Minister in prescribed form by either parent, by a legal or de facto guardian or by any other person having custody of the minor child, whether by virtue of an order of a court of competent jurisdiction, a written agreement or the operation of law;

• (b) countersigned by the minor child, if the child has attained the age of 14 years on or before the date of the application and is not prevented from understanding the significance of the application because of a mental disability; and

• (c) filed, together with the materials described in subsection (2), with

  • (i) the Registrar, if the application is made in Canada, or

  • (ii) a foreign service officer, if the application is made outside Canada.

(2) For the purposes of paragraph (1)(c), the materials required by this section are

• (a) a birth certificate or other evidence that establishes the date and place of birth of the minor child;

• (b) evidence that establishes that the minor child is the child of a citizen;

• (c) if the person making the application is not the father or mother of the minor child, a certified copy of an order of a court of competent jurisdiction or of a written agreement, or other evidence, that establishes that the applicant has the custody of the child;

• (d) any document that has been or may be created by the Canadian immigration authorities, or other evidence, that establishes the date on which the minor child was lawfully admitted to Canada for permanent residence;

• (e) evidence that establishes that the minor child is prevented from understanding the significance of the application because of a mental disability, if the child has attained the age of 14 years on or before the date of the application and has not countersigned it; and

• (f) two photographs of the minor child of the size and type shown on a form prescribed under section 28 of the Act.