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

AMENDMENTS NOT IN FORCE

• — 2023, c. 26, s. 300

  • 300 The Citizenship Act is amended by adding the following after section 2:

    Biometric Information

    • Biometric information — collection, use, etc.

      2.1 The Minister may, for the purpose of administering and enforcing this Act, collect, use, verify, retain and disclose biometric information in accordance with the regulations.

    • Provision of biometric information

      • 2.2 (1) Subject to subsection (2) and the regulations, a person who makes an application or request under this Act must provide the biometric information specified by the regulations in accordance with the procedures set out in the regulations for the collection and verification of biometric information.

      • Exceptional circumstances

        (2) If the Minister considers that exceptional circumstances warrant it, the Minister may, on the Minister’s own initiative, decide that subsection (1) does not apply in respect of a class of persons and may specify the biometric information that a person who is a member of that class is to provide and the procedure to follow for the collection and verification of that biometric information.

• — 2023, c. 26, ss. 302(1), (2)

  • • 302 (1) Subsection 27(1) of the Act is amended by adding the following before paragraph (b):

      • (a) respecting the application of section 2.2, including regulations respecting

        • (i) restrictions on the persons to whom and on the applications or requests to which that section applies,

        • (ii) the biometric information that is to be provided,

        • (iii) the circumstances in which a person is not required to provide certain biometric information, and

        • (iv) the circumstances in which a person is exempt from the application of that section;

    • (2) Paragraph 27(1)(k.1) of the Act is replaced by the following:

      • (k.1) providing for the collection, retention, use, verification, disclosure and disposal of information for the purposes of this Act;

• — 2023, c. 26, s. 303

  • 303 Subsection 27.2 of the Act is amended by adding the following after paragraph (a):

    • (a.1) respecting the procedures for the collection and verification of biometric information;

    • (a.2) respecting the processing of collected biometric information, including the creation of biometric templates;

• — 2025, c. 5, s. 1

  • 2008, c. 14, s. 2(1)

    • 1 (1) Paragraph 3(1)(f) of the Citizenship Act is amended by adding “or” at the end of subparagraph (i), by striking out “or” at the end of subparagraph (ii) and by repealing subparagraph (iii).

    • 2008, c. 14, s. 2(1)

      (2) Paragraph 3(1)(h) of the Act is replaced by the following:

      • (h) the person was granted citizenship on or after January 1, 1947 but before April 17, 2009, the person would have, but for that grant, been a citizen under paragraph (g) and, if it was required, the person took the oath of citizenship;

    • 2008, c. 14, s. 2(1)

      (3) The portion of paragraph 3(1)(i) of the Act before subparagraph (i) is replaced by the following:

      • (i) the person had been a citizen other than by way of grant, ceased to be a citizen for a reason other than the reasons referred to in subparagraphs (f)(i) and (ii), was subsequently granted citizenship before the coming into force of this paragraph under any of the following provisions and, if it was required, took the oath of citizenship:

    • (4) Section 3 of the Act is amended by adding the following after subsection (1.4):

      • Citizen despite death of parent

        (1.5) A person who would not become a citizen under one of the paragraphs of subsection (1) for the sole reason that their parent or both their parent and their parent’s parent died before the coming into force of An Act to amend the Citizenship Act (2025) is a citizen under that paragraph if that parent — or both that parent and that parent’s parent — but for their death, would have been a citizen as a result of the coming into force of that Act.

    • 2014, c. 22, s. 2(6)

      (5) Paragraphs 3(2.1)(a) and (b) of the Act are replaced by the following:

      • (a) before January 1, 1947, the person made a declaration of alienage; or

      • (b) the person became a citizen by way of grant on or after January 1, 1947 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

    • 2014, c. 22, s. 2(6)

      (6) Subsection 3(2.2) of the Act is replaced by the following:

      • Not applicable — paragraphs (1)(b), (g) and (h)

        (2.2) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(k), (m), (o) and (q) — if the person became a citizen by way of grant on or after January 1, 1947 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

    • 2014, c. 22, s. 2(6)

      (7) Paragraphs 3(2.3)(a) and (b) of the Act are replaced by the following:

      • (a) before April 1, 1949, the person made a declaration of alienage; or

      • (b) the person became a citizen by way of grant on or after April 1, 1949 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

    • 2008, c. 14, s. 2(2); 2014, c. 22, ss. 2(6), (8) and (9)(F)

      (8) Subsections 3(2.4) and (3) of the Act are replaced by the following:

      • Not applicable — paragraphs (1)(b), (g) and (h)

        (2.4) Paragraphs (1)(b), (g) and (h) do not apply to a person — who, but for this subsection, would be a citizen under one of those paragraphs for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(l), (n), (p) and (r) — if the person became a citizen by way of grant on or after April 1, 1949 and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

      • Not applicable — paragraphs (1)(b), (f) to (j), (q) and (r)

        (2.5) Paragraphs (1)(b), (f) to (j), (q) and (r) do not apply to a person who became a citizen by way of grant before the day on which this subsection comes into force and subsequently renounced their citizenship under any of the provisions referred to in clauses (1)(f)(i)(A) to (F).

      • Not applicable — after first generation

        (3) Paragraph (1)(b) does not apply to a person born outside Canada on or after the day on which An Act to amend the Citizenship Act (2025) comes into force

        • (a) if

          • (i) at the time of the person’s birth

            • (A) only one of the person’s parents was a citizen and that parent was a citizen under any of paragraphs (1)(b), (c.1), (e), (g) to (j) and (o) to (r) and was born outside Canada,

            • (B) only one of the person’s parents was a citizen and that parent was a citizen under paragraph (1)(f) and was born outside Canada to a parent who was a citizen at the time of their birth, or

            • (C) both of the person’s parents were citizens under any of paragraphs (1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of a parent who was a citizen under paragraph (1)(f), that parent was born to a parent who was a citizen at the time of their birth, and

          • (ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person's birth; or

        • (b) if

          • (i) at any time, only one of the person’s parents was a citizen and that parent was a citizen under any of the following provisions or both of the person’s parents were citizens under any of the following provisions:

            • (A) paragraph 4(b) or 5(b) of the Canadian Citizenship Act, S.C. 1946, c. 15,

            • (B) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2,

            • (C) paragraph 4(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1952-53, c. 23, s. 2(1),

            • (D) paragraph 5(1)(b) of the Canadian Citizenship Act, S.C. 1946, c. 15, as enacted by S.C. 1950, c. 29, s. 2 and amended by S.C. 1952-53, c. 23, s. 3(1),

            • (E) paragraph 4(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1952-53, c. 23, s. 13(1),

            • (F) paragraph 5(1)(b) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as amended by S.C. 1952-53, c. 23, s. 14(1),

            • (G) subsection 39B(1) of the Canadian Citizenship Act, R.S.C. 1952, c. 33, as enacted by S.C. 1967-68, c. 4, s. 10, or

            • (H) paragraph 4(1)(b) or 5(1)(b) or subsection 42(1) of the former Act, and

          • (ii) neither of the person’s parents who was a citizen was physically present in Canada for at least 1,095 days before the person's birth.

    • 2014, c. 22, ss. 2(10) and (11)

      (9) Subsections 3(4) and (4.1) of the Act are repealed.

    • 2014, c. 22, s. 2(13)

      (10) Subsections 3(5.1) and (5.2) of the Act are repealed.

    • 2014, c. 22, s. 2(15)

      (11) Subsection 3(6.2) of the Act is replaced by the following:

      • Citizenship other than by way of grant

        (6.2) A person referred to in any of paragraphs (1)(k) to (r) — or a person referred to in paragraph (1)(b) or (g) who is a citizen under that paragraph for the sole reason that one or both of their parents are persons referred to in any of paragraphs (1)(k) to (n) — who became a citizen by way of grant before the coming into force of this subsection is deemed, except for the purposes of paragraph (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsections (2.4) and (2.5) and subparagraphs 27(1)(j.1)(ii) to (iv), never to have been a citizen by way of grant.

    • (12) Section 3 of the Act is amended by adding the following after subsection (6.3):

      • Deemed application

        (6.4) A person who is referred to in paragraph (1)(b) and also in paragraph (1)(f) is deemed to be a citizen only under paragraph (1)(f).

      • Citizenship other than by way of grant

        (6.5) A person who is referred to in any of paragraphs (1)(b), (f) to (j), (q) and (r) as a result of the coming into force of An Act to amend the Citizenship Act (2025) and who became a citizen by way of grant before the coming into force of that Act is deemed, except for the purposes of paragraphs (1)(h) to (j) and (2.1)(b), subsection (2.2), paragraph (2.3)(b), subsections (2.4) and (2.5) and subparagraph 27(1)(j.1)(iv), never to have been a citizen by way of grant.

    • 2008, c. 14, s. 2(2)

      (13) The portion of paragraph 3(7)(a) of the Act before subparagraph (i) is replaced by the following:

      • (a) a person referred to in paragraph (1)(c) who was, before the coming into force of this subsection, granted citizenship under any of the following provisions after ceasing to be a citizen by way of grant for any reason other than the reasons referred to in subparagraphs (1)(f)(i) and (ii) is deemed to be a citizen under paragraph (1)(c) from the time that the person ceased to be a citizen:

    • 2014, c. 22, ss. 2(16) and (17)

      (14) Paragraphs 3(7)(h) and (i) of the Act are replaced by the following:

      • (h) a person referred to in paragraph (1)(b) is deemed to be a citizen under that paragraph from the time that the person was born;

    • 2014, c. 22, s. 2(19)

      (15) Subsection 3(9) of the Act is replaced by the following:

      • Definition of by way of grant

        (9) In subsections (2.1) to (2.5), (6.2) and (6.5), by way of grant means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation.

• — 2025, c. 5, s. 2

  • 2 Subsection 4(2) of the Act is replaced by the following:

    • Child born after death of parent

      (2) For the purposes of paragraph 3(1)(b), subsection 3(2) and subparagraph 3(3)(a)(i), if a child is born after the death of either of their parents, the child is deemed to have been born before the death of that parent.

• — 2025, c. 5, s. 3

  • 2008, c. 14, s. 4(2)

    3 Paragraph 5(5)(a) of the Act is replaced by the following:

    • (a) is born outside Canada on or after the day on which An Act to amend the Citizenship Act (2025) comes into force;

• — 2025, c. 5, s. 4

  • 2014, c. 22, ss. 4(9) and (10)

    • 4 (1) Subsection 5.1(4) of the Act is replaced by the following:

      • Not applicable — after first generation

        (4) No person who is adopted on or after the day on which An Act to amend the Citizenship Act (2025) comes into force may be granted citizenship under any of subsections (1) to (3)

        • (a) if

          • (i) at the time of the person’s adoption

            • (A) only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under any of paragraphs 3(1)(b), (c.1), (e), (g) to (j) and (o) to (r) and was born outside Canada,

            • (B) only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under paragraph 3(1)(f) and was born outside Canada to a parent who was a citizen at the time of the adoptive parent’s birth, or

            • (C) both of the person’s adoptive parents were citizens under any of paragraphs 3(1)(b), (c.1), (e) to (j) and (o) to (r) and were born outside Canada and, in the case of an adoptive parent who was a citizen under paragraph 3(1)(f), that adoptive parent was born to a parent who was a citizen at the time of the adoptive parent’s birth, and

          • (ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person's adoption; or

        • (b) if

          • (i) at any time, only one of the person’s adoptive parents was a citizen and that adoptive parent was a citizen under any of the provisions referred to in clauses 3(3)(b)(i)(A) to (H) or both of the person’s adoptive parents were citizens under any of those provisions, and

          • (ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person's adoption.

    • 2014, c. 22, s. 4(11)

      (2) Subsection 5.1(6) of the Act is replaced by the following:

      • Death of parent

        (6) A person who would not be granted citizenship under any of subsections (1) to (3) for the sole reason that their adoptive parent or both their adoptive parent and their adoptive parent’s parent died before the coming into force of An Act to amend the Citizenship Act (2025) may be granted citizenship under that subsection if that adoptive parent — or both that adoptive parent and that adoptive parent’s parent — but for their death, would have been a citizen as a result of the coming into force of that Act.

• — 2025, c. 5, s. 5

  • 2014, c. 22, s. 5

    5 The portion of section 5.2 of the Act before paragraph (a) is replaced by the following:

    • Citizenship by way of grant under section 5.1 — grandchild of person in service abroad

      5.2 A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of clauses 3(3)(b)(i)(A) to (H) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this section, to have been granted citizenship under section 5.1:

• — 2025, c. 5, s. 6

  • 6 Paragraph 27(1)(j.1) of the Act is amended by striking out “or” at the end of subparagraph (ii), by adding “or” at the end of subparagraph (iii) and by adding the following after subparagraph (iii):

    • (iv) who are citizens as a result of the coming into force of An Act to amend the Citizenship Act (2025), who were born before the day on which that Act comes into force and who did not, before that day, become citizens by way of grant as defined in subsection 3(9);