Marginal note:2001, c. 27, s. 228(1)

• 3. (1) Paragraphs 5(1)(c) to (e) of the Act are replaced by the following:

  • (c) is 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 becoming a permanent resident,

    • (i) been physically present in Canada for at least 1,460 days during the six years immediately before the date of his or her application,

    • (ii) been physically present in Canada for at least 183 days during each of four calendar years that are fully or partially within the six years immediately before the date of his or her application, and

    • (iii) met any applicable requirement under the Income Tax Act to file a return of income in respect of four taxation years that are fully or partially within the six years immediately before the date of his or her application;

  • (c.1) intends, if granted citizenship,

    • (i) to continue to reside in Canada,

    • (ii) to enter into, or continue in, employment outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, or

    • (iii) to reside with his or her spouse or common-law partner or parent, who is a Canadian citizen or permanent resident and is employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

  • (d) if under 65 years of age at the date of his or her application, has an adequate knowledge of one of the official languages of Canada;

  • (e) if under 65 years of age at the date of his or her application, demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and

• Marginal note:R.S., c. 44 (3rd Supp.), s. 1; 2000, c. 12, s. 75; 2003, c. 22, s. 149(E)

  (2) Subsection 5(1.1) of the Act is replaced by the following:

  • Marginal note:Period of physical presence  — spouse or common-law partner of citizen

    (1.01) Any day during which an applicant for citizenship resided with the applicant’s spouse or common-law partner who at the time was a Canadian citizen and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

  • Marginal note:Period of physical presence  — permanent residents

    (1.02) Any day during which an applicant for citizenship was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

  • Marginal note:Period of physical presence  — residing with permanent residents

    (1.03) Any day during which an applicant for citizenship was the spouse or common-law partner, or child, of a permanent resident referred to in subsection (1.02) and resided with that permanent resident shall be treated as equivalent to one day of physical presence in Canada for the purposes of paragraphs (1)(c) and 11(1)(d).

  • Marginal note:Intention

    (1.1) For the purposes of paragraphs (1)(c.1) and 11(1)(d.1), the person’s intention must be continuous from the date of his or her application until they have taken the oath of citizenship.

• (3) Section 5 of the Act is amended by adding the following before subsection (2):

  • Marginal note:Canadian Armed Forces  — permanent resident

    (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who, within the period referred to in that paragraph, completed a number of years of service in the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year. However, that paragraph 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

    (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the period referred to in that paragraph, completed a number of years of service with the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year.

• (4) Subsections 5(1.2) and (1.3) of the Act are replaced by the following:

  • Marginal note:Canadian Armed Forces  — permanent resident

    (1.2) Paragraph (1)(c) 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 six years immediately before the date of his or her application, completed three years 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 three taxation years that are fully or partially within the six years immediately before the date of his or her application.

    However, paragraph (1)(c) 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

    (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the six years immediately before the date of his or her application, completed three years of service with the Canadian Armed Forces.

• Marginal note:2008, c. 14, s. 4(1)

  (5) Subsection 5(2) of the Act is replaced by the following:

  • Marginal note:Grant of citizenship

    (2) The Minister shall grant citizenship to any person who is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act and is the minor child of a citizen, if

    • (a) an application for citizenship is made to the Minister by a person authorized by regulation to make the application on behalf of the minor child;

    • (b) the person has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident;

    • (c) in the case of a person who is 14 years of age or over at the date of the application, he or she has an adequate knowledge of one of the official languages of Canada; and

    • (d) in the case of a person who is 14 years of age or over at the date of the application, he or she demonstrates in one of the official languages of Canada that he or she has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship.

• Marginal note:1992, c. 21, s. 7

  (6) The portion of subsection 5(3) of the Act before paragraph (c) is replaced by the following:

  • Marginal note:Waiver by Minister on compassionate grounds

    (3) The Minister may, in his or her discretion, after having reviewed a person’s particular circumstances, waive on compassionate grounds,

    • (a) in the case of any person, the requirements of paragraph (1)(d) or (e) or (2)(c) or (d);

    • (b) in the case of a minor,

      • (i) the requirement respecting age set out in paragraph (1)(b),

      • (ii) the requirement respecting length of physical presence in Canada set out in paragraph (1)(c),

      • (iii) the requirement respecting intent set out in paragraph (1)(c.1), or

      • (iv) the requirement respecting the taking of the oath of citizenship;

    • (b.1) in the case of any person who is incapable of forming the intent referred to in paragraph (1)(c.1) or 11(1)(e) because of a mental disability, the requirement respecting that intent; and

• (7) Subsection 5(4) of the Act is replaced by the following:

  • Marginal note:Special cases

    (4) Despite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada.

• Marginal note:2008, c. 14, s. 4(2)

  (8) Paragraph 5(5)(d) of the Act is replaced by the following:

  • (d) has been physically present in Canada for at least 1,095 days during the four years immediately before the date of his or her application;

Marginal note:2008, c. 14, par. 13(3)(a)

• 4. (1) The portion of subsection 5.1(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Adoptees  — minors

  • 5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was a minor child if the adoption

• (2) The portion of subsection 5.1(1) of the Act before paragraph (a) is replaced by the following:

  Marginal note:Adoptees  — minors

  • 5.1 (1) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if the adoption

• (3) Subsection 5.1(1) of the Act is amended by striking out “and” at the end of paragraph (c) and by adding the following after paragraph (c):

  • (c.1) did not occur in a manner that circumvented the legal requirements for international adoptions; and

• Marginal note:2008, c. 14, par. 13(3)(b)

  (4) The portion of subsection 5.1(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Adoptees  — adults

    (2) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who was adopted by a citizen on or after January 1, 1947 while the person was at least 18 years of age if

• (5) The portion of subsection 5.1(2) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Adoptees  — adults

    (2) Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while at least 18 years of age, was adopted by a citizen on or after January 1, 1947, was adopted before that day by a person who became a citizen on that day, or was adopted before April 1, 1949 by a person who became a citizen on that later day further to the union of Newfoundland and Labrador with Canada, if

• Marginal note:2007, c. 24, s. 2

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

  • (b) the adoption meets the requirements set out in paragraphs (1)(c) to (d).

• Marginal note:2008, c. 14, par. 13(3)(c)

  (7) The portion of subsection 5.1(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Quebec adoptions

    (3) Subject to subsection (4), the Minister shall, on application, grant citizenship to a person in respect of whose adoption  —  by a citizen who is subject to Quebec law governing adoptions  —  a decision was made abroad on or after January 1, 1947 if

• (8) The portion of subsection 5.1(3) of the Act before paragraph (a) is replaced by the following:

  • Marginal note:Quebec adoptions

    (3) Subject to subsection (4), the Minister shall, on application, grant citizenship to a person in respect of whose adoption, by a citizen who is subject to Quebec law governing adoptions, a decision was made abroad on or after January 1, 1947  —  or to a person in respect of whose adoption, by a person who became a citizen on that day and who is subject to Quebec law governing adoptions, a decision was made abroad before that day  —  if

• (9) Section 5.1 of the Act is amended by adding the following after subsection (3):

  • Marginal note:Not applicable  — after first generation

    (4) No person who is adopted may be granted citizenship under any of subsections (1) to (3)

    • (a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g) or (h), or both of the adoptive parents were citizens under any of those paragraphs; or

    • (b) if, at any time, only one of the adoptive parents was a citizen and that parent was a citizen under any of the provisions referred to in subparagraphs 3(3)(b)(i) to (viii), or both of the adoptive parents were citizens under any of those provisions.

  • Marginal note:Exception  — child or grandchild of person in service abroad

    (5) Subsection (4) does not apply to a person who was

    • (a) adopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person;

    • (b) adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or

    • (c) adopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person.

• (10) Paragraph 5.1(4)(a) of the Act is replaced by the following:

  • (a) if, at the time of his or her adoption, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(b), (c.1), (e), (g), (h), (o), (p), (q) or (r), or both of the adoptive parents were citizens under any of those paragraphs;

  • (a.1) if the person was adopted before January 1, 1947 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(o) or (q), or both of the adoptive parents were citizens under either of those paragraphs;

  • (a.2) if the person was adopted before April 1, 1949 and, on that day, only one of the adoptive parents was a citizen and that parent was a citizen under paragraph 3(1)(p) or (r), or both of the adoptive parents were citizens under either of those paragraphs; or

• (11) Section 5.1 of the Act is amended by adding the following after subsection (5):

  • Marginal note:Exception  — Canada and Newfoundland and Labrador

    (6) Paragraphs 5.1(4)(a) and (a.1) do not apply to a person who is adopted before April 1, 1949 if

    • (a) only one adoptive parent was a citizen at the time of the adoption, in the case of paragraph (a), or was a citizen on January 1, 1947, in the case of paragraph (a.1); and

    • (b) the other adoptive parent became a citizen on April 1, 1949 further to the union of Newfoundland and Labrador with Canada, other than under paragraph 3(1)(p) or (r).