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

Full Document:  

Act current to 2019-07-01 and last amended on 2019-06-21. Previous Versions

PART VIAdministration (continued)

Marginal note:Laying of proposed regulations

  •  (1) The Minister shall cause a copy of each regulation proposed to be made under paragraph 27(1)(d.1) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.

  • Marginal note:Exception

    (2) No proposed regulation that has been laid under subsection (1) need again be laid under that subsection, whether or not it has been altered.

  • Marginal note:Making of regulations

    (3) The Governor in Council may make the regulation at any time after the proposed regulation has been laid before each House of Parliament under subsection (1).

  • 2007, c. 24, s. 3.1
  • 2014, c. 22, s. 25

Marginal note:Regulations — Minister

 The Minister may make regulations

  • (a) prescribing the manner in which and the place at which applications are to be made and notices are to be given under this Act and specifying the information and evidence that is to be provided in support of them;

  • (b) respecting the acceptance for processing of applications made under this Act by a person who has been represented or advised by a third party for consideration;

  • (c) with regard to the requirements of paragraphs 5(1)(d) and (e),

    • (i) respecting the procedures to be followed or evaluation methods or tools to be used in determining whether an applicant meets those requirements or any of the criteria provided for under paragraph 27(1)(d),

    • (ii) respecting the organizations or institutions that may conduct assessments related to those requirements or criteria, and

    • (iii) respecting what constitutes evidence that an applicant meets those requirements or criteria; and

  • (d) requiring an applicant who seeks a waiver by the Minister under subsection 5(3) or 9(2) to request the waiver, specifying the time and manner for making the request and respecting the justification or evidence to be provided in support.

  • 2014, c. 22, s. 26
  • 2017, c. 14, s. 13

Marginal note:Service Fees Act

 The Service Fees Act does not apply in respect of a fee for services provided in the administration of this Act.

  • 2013, c. 33, s. 171
  • 2014, c. 22, s. 44
  • 2017, c. 20, s. 454

Marginal note:Powers of Minister

 The Minister may prescribe the forms of applications, certificates and other documents required for the purposes of this Act.

  • 1974-75-76, c. 108, s. 27

Marginal note:Sunset — after five years

  •  (1) Section 14 expires five years after the day on which subsection 22.1(3) comes into force unless, before then, the Minister extends its application for up to five years.

  • Marginal note:Sunset — further periods of up to five years

    (2) The Minister may, before the expiry of each extended period, extend the application of that section for up to five years.

  • Marginal note:Sunset — subsection 22.1(3)

    (3) Subsection 22.1(3) expires 30 days after the day on which section 14 expires.

  • 2014, c. 22, s. 27

PART VIIOffences

Definition of document of citizenship

  •  (1) For the purposes of this section, document of citizenship means a certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation.

  • Marginal note:Indictable offences and punishment

    (2) A person is guilty of an indictable offence and liable to imprisonment for a term of not more than five years if that person

    • (a) obtains or uses a document of citizenship of another person to personate that other person;

    • (b) knowingly permits a document of citizenship relating to him or her to be used by another person to personate him or her; or

    • (c) is in possession of a document of citizenship that he or she knows has been unlawfully issued or altered, or counterfeited.

  • Marginal note:Offences and punishment

    (3) A person is guilty of an indictable offence and liable to imprisonment for a term of not more than 14 years if that person

    • (a) without lawful authority issues, provides or alters a document of citizenship;

    • (b) counterfeits a document of citizenship;

    • (c) uses, acts on or causes or attempts to cause any person to use or act on a document of citizenship, knowing it to have been unlawfully issued, provided or altered or to have been counterfeited; or

    • (d) traffics in documents of citizenship or has such documents in his or her possession for the purpose of trafficking.

  • Marginal note:Idem

    (4) A person who contravenes any provision of this Act or the regulations for the contravention of which no fine or imprisonment is provided in this Act is guilty of an offence punishable on summary conviction.

  • R.S., 1985, c. C-29, s. 29
  • 2014, c. 22, s. 28

Marginal note:Contravention of subsection 21.1(1)

 A person who commits an offence under subsection 21.1(1) is liable

  • (a) on conviction on indictment, to a fine of not more than $200,000 or to imprisonment for a term of not more than two years, or to both; or

  • (b) on summary conviction, to a fine of not more than $40,000 or to imprisonment for a term of not more than six months, or to both.

  • 2014, c. 22, s. 29
  • 2019, c. 29, s. 295

Marginal note:Counselling misrepresentation

  •  (1) Every person commits an offence who knowingly counsels, induces, aids or abets or attempts to counsel, induce, aid or abet any person to directly or indirectly misrepresent or withhold material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act.

  • Marginal note:Misrepresentation

    (2) Every person commits an offence who knowingly

    • (a) for any of the purposes of this Act, directly or indirectly, makes any false representation, commits fraud or conceals any material circumstances;

    • (b) communicates directly or indirectly, by any means, false or misleading information or representations with the intent to induce a person to make, or deter a person from making, an application to become a citizen, to obtain a certificate of citizenship or another document establishing citizenship or to renounce citizenship; or

    • (c) refuses to answer a question put to him or her at an interview or a proceeding held under this Act.

  • Marginal note:Penalties

    (3) Every person who commits an offence under subsection (1) or (2)

    • (a) is guilty of an indictable offence and is liable to a fine of not more than $100,000 or to imprisonment for a term of not more than five years, or to both; or

    • (b) is guilty of an offence punishable on summary conviction and is liable to a fine of not more than $50,000 or to imprisonment for a term of not more than two years, or to both.

  • 2014, c. 22, s. 29

Marginal note:Where offence is committed outside Canada

  •  (1) An act or omission that would, if committed in Canada, be an offence under this Act is, if committed outside Canada, an offence under this Act.

  • Marginal note:Jurisdiction

    (2) Where a person has committed outside Canada an act or omission that is an offence under this Act, the offence is within the competence of and may be tried and punished by any court having jurisdiction in respect of similar offences in the place in Canada where that person is found in the same manner as if the offence had been committed in that place, or by any other court to which jurisdiction has been lawfully transferred.

  • 1974-75-76, c. 108, s. 29
 
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