Citizenship Regulations (SOR/93-246)

Regulations are current to 2015-08-04 and last amended on 2015-07-16. Previous Versions

  •  (1) The Registrar shall, in writing, require a person to surrender to the Registrar any certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph, or certificate of renunciation, issued or granted to the person under the Act or prior legislation or any regulations made under them if there is reason to believe that the person may not be entitled to the certificate or has violated any of the provisions of the Act, and the person shall forthwith comply with the requirement.

  • (2) If the Registrar becomes aware that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the holder’s photograph, or certificate of renunciation, contravened any provision of the Act, the Registrar shall cause to be retained any certificate surrendered to the Registrar by that person until that certificate is no longer required as evidence in any legal proceedings that may be instituted in consequence of the alleged contravention.

  • (3) Where the Minister has determined that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate that contains the holder’s photograph, or certificate of renunciation, issued or granted under the Act or prior legislation or any regulations made thereunder is not entitled to the certificate, the Registrar shall cancel the certificate.

  • (4) The Registrar shall forthwith return the certificate to the person where the Minister has determined that the person is entitled to the certificate.

  • SOR/2015-129, s. 7.

DISCLOSURE OF INFORMATION

 If the Minister determines that the conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Minister may disclose the following information about that person to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

  • (a) their name, postal address, telephone number, fax number and email address;

  • (b) the name of the professional body of which they are a member and their membership identification number;

  • (c) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.

  • SOR/2015-129, s. 8.
  •  (1) A body that is designated under subsection 21.1(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents:

    • (a) its most recent annual report;

    • (b) its most recent financial statement and the auditor’s report on that financial statement;

    • (c) its instrument of incorporation, with an indication of any changes that have been made to that document since the last time it provided that document to the Minister in accordance with this section;

    • (d) its by-laws, with an indication of any changes that have been made to those by-laws since the last time it provided them to the Minister in accordance with this section;

    • (e) the minutes of each of the general meetings of its members that has been held during its last completed fiscal year;

    • (f) the terms of reference of its board of directors, if any, with an indication of any changes that have been made to those terms of reference since the last time they were provided to the Minister in accordance with this section;

    • (g) the conflict of interest code for its directors, if any, with an indication of any changes that have been made to that code since the last time it provided the code to the Minister in accordance with this section;

    • (h) the name, professional qualifications and term of office of each of its directors, with any change in the board of director’s composition that has occurred since the last time it provided the names of its directors to the Minister in accordance with this section;

    • (i) the minutes of each meeting of its board of directors that has been held during its last completed fiscal year;

    • (j) the name, terms of reference and composition of each of its executive committees, if any, as well as the name and professional qualifications of each of their members;

    • (k) the minutes of each meeting of its executive committees, if any, that has been held during its last completed fiscal year;

    • (l) any sums disbursed to its directors and officers as remuneration and any cash benefits or financial advantages granted to them during its last completed fiscal year;

    • (m) the name and membership number of each of its members;

    • (n) the rules that govern the conduct of its members, with an indication of any changes that have been made to those rules since the last time they were provided to the Minister in accordance with this section;

    • (o) information, made anonymous, concerning the number and type of any complaints that it received during its last completed fiscal year in relation to the conduct of any of its members, including the distribution of those complaints by type, country of origin and, in the case of Canada, province of origin, the measures that it took to deal with those complaints and any decision that it rendered and sanction that it imposed as a consequence of those complaints;

    • (p) information in aggregate form, made anonymous, concerning any investigation by it, during its last completed fiscal year, into the conduct of any of its members if that conduct likely constitutes a breach of their professional or ethical obligations;

    • (q) the amount of any fees charged by it to its members, including its membership fees, with any change in those fees that has occurred since the last time that information was provided to the Minister in accordance with this section;

    • (r) the nature and amount of its entertainment, hospitality, meal, transport, accommodation, training and incidental expenses, if any, that were incurred by any person with respect to the body during its last completed fiscal year, as well as the name of the person;

    • (s) any training requirements that it imposes on its members; and

    • (t) information concerning any training made available by it to its members during its last completed fiscal year, including

      • (i) the professional qualifications required of trainers,

      • (ii) the identification of the mandatory courses from among those on offer,

      • (iii) any evaluation methods and applicable completion standards, and

      • (iv) the name and professional qualifications of each trainer.

  • (2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the information or documents set out in the notice.

  • (3) The information and documents referred to in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries.

  • (4) Any information or document referred to in subsection (1) or (2) may be provided to the Minister by electronic means.

  • SOR/2015-129, s. 8.