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

Full Document:  

Act current to 2022-05-02 and last amended on 2021-11-23. Previous Versions

PART VProcedure

Marginal note:Applications

 An application is to be accepted for processing under this Act only if all of the following conditions are satisfied:

  • (a) the application is made in the form and manner and at the place required under this Act;

  • (b) it includes the information required under this Act;

  • (c) it is accompanied by any supporting evidence and fees required under this Act.

  • R.S., 1985, c. C-29, s. 13
  • 2008, c. 14, s. 9
  • 2014, c. 22, s. 11

Marginal note:Suspension of processing

 The Minister may suspend the processing of an application for as long as is necessary to receive

  • (a) any information or evidence or the results of any investigation or inquiry for the purpose of ascertaining whether the applicant meets the requirements under this Act relating to the application, whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies with respect to the applicant; and

  • (b) in the case of an applicant who is a permanent resident and who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, the determination as to whether a removal order is to be made against the applicant.

  • 2014, c. 22, s. 11

Marginal note:Abandonment of application

  •  (1) The Minister may treat an application as abandoned

    • (a) if the applicant fails, without reasonable excuse, when required by the Minister under section 23.1,

      • (i) in the case where the Minister requires additional information or evidence without requiring an appearance, to provide the additional information or evidence by the date specified, or

      • (ii) in the case where the Minister requires an appearance for the purpose of providing additional information or evidence, to appear at the time and at the place — or at the time and by the means — specified or to provide the additional information or evidence at his or her appearance; or

    • (b) in the case of an applicant who must take the oath of citizenship to become a citizen, if the applicant fails, without reasonable excuse, to appear and take the oath at the time and at the place — or at the time and by the means — specified in an invitation from the Minister.

  • Marginal note:Effect of abandonment

    (2) If the Minister treats an application as abandoned, no further action is to be taken with respect to it.

  • 2014, c. 22, s. 11

Marginal note:Consideration by citizenship judge

  •  (1) If an application is accepted for processing and later referred to a citizenship judge because the Minister is not satisfied that the applicant meets the requirements of the following provisions, the citizenship judge shall determine whether the applicant meets those requirements within 60 days after the day on which the application is referred:

    • (a) subparagraph 5(1)(c)(i), in the case of an application for citizenship under subsection 5(1);

    • (b) paragraph 5(5)(d), in the case of an application for citizenship under subsection 5(5); and

    • (c) subparagraph 11(1)(d)(i), in the case of an application for resumption of citizenship under subsection 11(1).

  • Marginal note:Interruption of proceedings

    (1.1) Despite subsection (1), the citizenship judge is not authorized to make a determination until

    • (a) the completion of any investigation or inquiry for the purpose of ascertaining whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies to the applicant; and

    • (b) if the applicant is the subject of an admissibility hearing under the Immigration and Refugee Protection Act, a determination as to whether a removal order is to be made against that applicant.

  • Marginal note:Application returned to Minister

    (1.2) Despite subsection (1), the citizenship judge is not authorized to make a determination if

    • (a) after the completion of an investigation or inquiry referred to in paragraph (1.1)(a), it is determined that section 20 or 22 applies to the applicant; and

    • (b) after an admissibility hearing referred to in paragraph (1.1)(b), there has been a determination to make a removal order against the applicant.

  • Marginal note:Notice to Minister

    (2) Without delay after making a determination under subsection (1) in respect of an application, the citizenship judge shall approve or not approve the application in accordance with his or her determination, notify the Minister accordingly and provide the Minister with the reasons for his or her decision.

  • Marginal note:Notice to applicant

    (3) If a citizenship judge does not approve an application under subsection (2), the citizenship judge shall without delay notify the applicant of his or her decision, of the reasons for it and of the right to apply for judicial review.

  • (4) to (6) [Repealed, 2014, c. 22, s. 12]

  • R.S., 1985, c. C-29, s. 14
  • 1995, c. 15, s. 23
  • 2001, c. 27, s. 230
  • 2008, c. 14, s. 10
  • 2014, c. 22, s. 12
  • 2017, c. 14, s. 8

Marginal note:Obligation — answer truthfully

 A person who makes an application under this Act must answer truthfully all questions put to him or her that are related to the application.

  • R.S., 1985, c. C-29, s. 15
  • 2014, c. 22, s. 13

 [Repealed, 2014, c. 22, s. 13]

 [Repealed, 2014, c. 22, s. 13]

 [Repealed, 2014, c. 22, s. 14]

Marginal note:Definitions

  •  (1) The following definitions apply in this section and sections 19.1, 19.2 and 20.

    Review Agency

    Review Agency means the National Security and Intelligence Review Agency. (Office de surveillance)

    threats to the security of Canada

    threats to the security of Canada has the same meaning as in section 2 of the Canadian Security Intelligence Service Act. (menaces envers la sécurité du Canada)

  • Marginal note:Report to Review Agency

    (2) The Minister may make a report to the Review Agency if the Minister is of the opinion that a person should not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 because there are reasonable grounds to believe that the person has engaged, is engaging or may engage in activity

    • (a) that constitutes a threat to the security of Canada; or

    • (b) that is part of a pattern of criminal activity planned and organized by a number of persons acting in concert in furtherance of the commission of any offence that may be punishable under any Act of Parliament by way of indictment.

  • Marginal note:Notice to be sent to person affected

    (3) The Minister shall, within ten days after a report is made pursuant to subsection (2), cause a notice to be sent informing the person referred to in that subsection of the report and stating that following an investigation in relation thereto, a declaration with respect to that person may be made by the Governor in Council under section 20.

  • Marginal note:Application of the National Security and Intelligence Review Agency Act

    (4) Where a report is made to the Review Agency pursuant to subsection (2), the Review Agency shall investigate the grounds on which it is based and for that purpose sections 10 to 12, 20, 25 to 28 and 30 of the National Security and Intelligence Review Agency Act apply, with any necessary modifications, to the investigation as if the investigation were conducted in relation to a complaint made under subsection 18(3) of that Act, except that a reference in any of those provisions to “deputy head” shall be read as a reference to the Minister.

  • Marginal note:Investigation to cease

    (4.1) If the Review Agency is of the opinion that it cannot perform its duties described in subsections (4), (5) and (6), it must cease its investigation and give notice to the Minister and the person referred to in subsection (2).

  • Marginal note:Statement to be sent to person affected

    (5) The Review Agency shall, as soon as practicable after a report is made to it pursuant to subsection (2), send to the person with respect to whom the report is made a statement summarizing such information available to it as will enable the person to be as fully informed as possible of the circumstances giving rise to the report.

  • Marginal note:Report

    (6) The Review Agency shall, on completion of an investigation made pursuant to subsection (4), make a report to the Governor in Council on all matters relating thereto and shall, at the same time as or after the report is made, provide the complainant with the conclusions of the report.

Marginal note:Appointment of a judge

  •  (1) After consultation by the Prime Minister of Canada with the Leader of the Opposition in the House of Commons and the leader in the House of Commons of each party having at least twelve members in that House, the Governor in Council may appoint a retired judge of a superior court for a term of three to five years to perform the duties of the Review Agency described in subsections 19(4), (5) and (6).

  • Marginal note:Tenure and re-appointment

    (2) The appointed person holds office during good behaviour and may be removed by the Governor in Council at any time for cause. The person is eligible to be re-appointed.

  • Marginal note:Remuneration and expenses

    (3) The appointed person shall be paid, for each day that the person performs duties under this Act, such remuneration as is fixed by the Governor in Council, and is entitled to be paid reasonable travel and living expenses incurred in the course of their duties under this Act while absent from their ordinary place of residence.

Marginal note:Referral

  •  (1) The Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Agency has ceased to investigate under subsection 19(4.1) and, in that case, the Minister must make a report described in subsection 19(2) to the appointed person and send the notice described in subsection 19(3).

  • Marginal note:Application of subsections 19(4), (5) and (6)

    (2) Subsections 19(4), (5) and (6) apply to the appointed person as if that person were the Review Committee.

Marginal note:Annual report

 The person appointed under subsection 19.1(1) must, not later than September 30, submit to the Minister of Public Safety and Emergency Preparedness a report of the activities of the person during the preceding fiscal year and that Minister must cause the report to be laid before each House of Parliament on any of the first 15 days on which that House is sitting after the day on which the Minister receives it.

  • 1997, c. 22, s. 2
  • 2005, c. 10, s. 14

Marginal note:Declaration by Governor in Council — security

  •  (1) Despite anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or administered the oath of citizenship or be issued a certificate of renunciation under section 9 if, after considering the report made under subsection 19(6) by the Review Agency or the person appointed under subsection 19.1(1), the Governor in Council declares that there are reasonable grounds to believe that the person with respect to whom the report was made has engaged, is engaging or may engage in an activity described in paragraph 19(2)(a) or (b).

  • Marginal note:Effect on applications and appeals

    (2) If a person is the subject of a declaration made under subsection (1), any application that has been made by that person under section 5 or 9 or subsection 11(1) is deemed to be refused and any related application for judicial review or appeal is deemed to be dismissed.

  • Marginal note:Expiration of declaration

    (3) A declaration made under subsection (1) ceases to have effect 10 years after the day on which it is made.

  • Marginal note:Further declaration

    (4) Notwithstanding that a declaration has been previously made under subsection 20(1) with respect to a person, the Governor in Council may, after considering any further application made by that person, make a further declaration under that subsection with respect to that person.

  • Marginal note:Conclusive proof

    (5) Notwithstanding anything in this Act or any other Act of Parliament, a declaration by the Governor in Council under subsection (1) is conclusive of the matters stated therein in relation to an application for citizenship or for the issue of a certificate of renunciation.

Marginal note:Periods not counted as physical presence

 Despite anything in this Act, no period may be counted as a period of physical presence for the purpose of this Act during which a person, under any enactment in force in Canada,

  • (a) has been under a probation order;

  • (b) has been a paroled inmate; or

  • (c) has served a term of imprisonment.

  • R.S., 1985, c. C-29, s. 21
  • 2014, c. 22, s. 17
  • 2017, c. 14, s. 9

Marginal note:Representation or advice for consideration

  •  (1) Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act.

  • Marginal note:Persons who may represent or advise

    (2) Subsection (1) does not apply to

    • (a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;

    • (b) any other member in good standing of a law society of a province; or

    • (c) a member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.

  • Marginal note:Students-at-law

    (3) Subsection (1) does not apply to a student-at-law who offers or provides representation or advice to a person if the student-at-law is acting under the supervision of a person described in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with a proceeding or application under this Act.

  • Marginal note:Agreement or arrangement with Her Majesty

    (4) Subsection (1) does not apply to an entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with an application under this Act if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.

  • (5) [Repealed, 2019, c. 29, s. 293]

  • (6) [Repealed, 2019, c. 29, s. 293]

  • (7) [Repealed, 2019, c. 29, s. 293]

  • (8) [Repealed, 2019, c. 29, s. 293]

  • Meaning of proceeding

    (9) For greater certainty, in this section proceeding does not include a proceeding before a superior court.

 
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