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

Marginal note:Revocation by Minister — fraud, false representation, etc.

• 10 (1) Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

• (2) [Repealed, 2017, c. 14, s. 3]

• Marginal note:Notice

  (3) Before a person’s citizenship or renunciation of citizenship may be revoked, the Minister shall provide the person with a written notice that

  • (a) advises the person of his or her right to make written representations;

  • (b) specifies the form and manner in which the representations must be made;

  • (c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and

  • (d) advises the person that the case will be referred to the Court unless the person requests that the case be decided by the Minister.

• Marginal note:Representations and request for decision by Minister

  (3.1) The person may, within 60 days after the day on which the notice is sent, or within any extended time that the Minister may allow for special reasons,

  • (a) make written representations with respect to the matters set out in the notice, including any considerations respecting his or her personal circumstances — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances of the case and whether the decision will render the person stateless; and

  • (b) request that the case be decided by the Minister.

• Marginal note:Consideration of representations

  (3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision.

• Marginal note:Hearing

  (4) A hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required.

• Marginal note:Referral to Court

  (4.1) The Minister shall refer the case to the Court under subsection 10.1(1) unless

  • (a) the person has made written representations under paragraph (3.1)(a) and the Minister is satisfied

    • (i) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, or

    • (ii) that considerations respecting the person’s personal circumstances warrant special relief in light of all the circumstances of the case; or

  • (b) the person has made a request under paragraph (3.1)(b).

• Marginal note:Notice of decision

  (5) The Minister shall provide his or her decision to the person in writing.