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

Full Document:  

Act current to 2019-08-28 and last amended on 2019-07-12. Previous Versions

PART IIIResumption of Citizenship

Marginal note:Resumption by application

  •  (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,

    • (a) makes an application for resumption of citizenship;

    • (b) is not the subject of an order made under section 10, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;

    • (b.1) is not the subject of a declaration made under section 20;

    • (c) is not under a removal order; and

    • (d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since having ceased to be a citizen and become a permanent resident,

      • (i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and

      • (ii) met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.

    • (e) [Repealed, 2017, c. 14, s. 7]

  • Marginal note:Canadian Armed Forces — permanent resident

    (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who

    • (a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and

    • (b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.

    However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

  • Marginal note:Canadian Armed Forces — person attached or seconded

    (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces.

  • Marginal note:Automatic acquisition of citizenship

    (2) Notwithstanding any other provision of this Act, a woman, who

    • (a) by virtue of any law of Canada in force at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject, and

    • (b) would have been a citizen had the former Act come into force immediately before her marriage or the acquisition by her husband of a foreign nationality,

    acquires citizenship immediately on the receipt by the Minister of a notice in writing by her that she elects to be a citizen.

  • R.S., 1985, c. C-29, s. 11
  • 2001, c. 27, s. 229
  • 2005, c. 17, s. 1
  • 2008, c. 14, s. 7
  • 2014, c. 22, s. 9
  • 2017, c. 14, s. 7

PART IVEvidence of Citizenship

Marginal note:Application for evidence of citizenship

  •  (1) The Minister shall — on application by a person — determine, including by way of an electronic system, whether they are a citizen and, if they are,

    • (a) subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to them; or

    • (b) subject to any regulations made under paragraph 27(1)(i) or (i.1), provide them with some other means to establish their citizenship.

  • Marginal note:Providing evidence of citizenship on acquisition

    (2) After a person acquires citizenship as a result of an application under section 5 or 5.1 or subsection 11(1), the Minister shall

    • (a) issue a certificate of citizenship to the person; or

    • (b) provide the person with some other means to establish their citizenship.

  • R.S., 1985, c. C-29, s. 12
  • 2008, c. 14, ss. 8, 13
  • 2014, c. 22, s. 10

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
 
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