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Citizenship Regulations, No. 2 (SOR/2015-124)

Regulations are current to 2020-12-28 and last amended on 2017-10-11. Previous Versions

Grant of Citizenship (continued)

Marginal note:Application under subsection 5.1(1) of Act — minor child

 An application made under subsection 5.1(1) of the Act on behalf of a child who is a minor on the day on which the application is made must be

  • (a) made in the prescribed form by a parent or legal guardian;

  • (b) countersigned by the child if the child has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability; and

  • (c) filed in the manner determined by the Minister, together with the following information and materials:

    • (i) a birth certificate of the child or, if unobtainable, other evidence that establishes the child’s date and place of birth,

    • (ii) evidence that establishes that a parent of the child was a citizen at the time of the adoption,

    • (iii) in the case of an application made by a non-citizen parent or a legal guardian, evidence that establishes that the applicant is a parent or legal guardian of the child,

    • (iv) if the child has attained the age of 14 years on or before the day on which the application is made and has not countersigned it, evidence that establishes that the child is prevented from understanding the significance of the application because of a mental disability,

    • (v) evidence that establishes that the adoption took place on or after January 1, 1947 and while the child was a minor,

    • (vi) two photographs of the child in the format specified on the prescribed form, and

    • (vii) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

  • SOR/2017-191, s. 3

Marginal note:Application under subsection 5.1(1) of Act — 18 years of age or more

 An application made under subsection 5.1(1) of the Act by a person who is 18 years of age or more on the day on which the application is made must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) a birth certificate or, if unobtainable, other evidence that establishes the person’s date and place of birth;

  • (b) evidence that establishes, in the case of a person who was adopted on or after January 1, 1947, that the parent of the person was a citizen at the time of the adoption or, if the person was adopted before January 1, 1947, that the parent of the person became a citizen on that date or, in the case of a person who was adopted before April 1, 1949, that the parent of the person became a citizen on that date further to the union of Newfoundland and Labrador with Canada;

  • (c) evidence that establishes that the adoption took place while the person was a minor;

  • (d) two photographs of the person in the format specified on the prescribed form; and

  • (e) evidence that establishes that the person has paid the fees required under sections 31 and 32 of the Regulations.

Marginal note:Application under subsection 5.1(2) of Act

 An application made under subsection 5.1(2) of the Act by a person who was adopted when they were 18 years of age or older must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) a birth certificate or, if unobtainable, other evidence that establishes the person’s date and place of birth;

  • (b) evidence that establishes, in the case of a person who was adopted on or after January 1, 1947, that the parent of the person was a citizen at the time of the adoption or, if the person was adopted before January 1, 1947, that the parent of the person became a citizen on that date or, in the case of a person who was adopted before April 1, 1949, that the parent of the person became a citizen on that date further to the union of Newfoundland and Labrador with Canada;

  • (c) evidence that establishes that the adoption took place while the person was 18 years of age or older;

  • (d) two photographs of the person in the format specified on the prescribed form; and

  • (e) evidence that establishes that the person has paid the fees required under sections 31 and 32 of the Regulations.

Marginal note:Application under subsection 5.1(3) of Act — minor child

 An application made under subsection 5.1(3) of the Act on behalf of a child who is a minor on the date of the application must be

  • (a) made in the prescribed form by a parent or legal guardian;

  • (b) countersigned by the child if the child has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability;

  • (c) filed in the manner determined by the Minister, together with the following information and materials:

    • (i) a birth certificate of the child or, if unobtainable, other evidence that establishes the child’s date and place of birth,

    • (ii) evidence that establishes that a parent of the child was a citizen at the time the decision was made abroad in respect of the adoption,

    • (iii) in the case of an application made by a non-citizen parent or a legal guardian, evidence that establishes that the applicant is a parent or legal guardian of the child,

    • (iv) if the child has attained the age of 14 years on or before the day on which the application is made and has not countersigned it, evidence that establishes that the child is prevented from understanding the significance of the application because of a mental disability,

    • (v) evidence that establishes that the decision that was made abroad in respect of the adoption took place on or after January 1, 1947,

    • (vi) two photographs of the child in the format specified on the prescribed form, and

    • (vii) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

  • SOR/2017-191, s. 4

Marginal note:Application under subsection 5.1(3) of Act — 18 years of age or more

 An application made under subsection 5.1(3) of the Act by a person who is 18 years of age or more on the day on which the application is made must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) a birth certificate or, if unobtainable, other evidence that establishes the person’s date and place of birth;

  • (b) evidence that establishes that the parent of the person became a citizen on January 1, 1947, if the decision in respect of the adoption was made abroad before that date, or that the parent of the person was a citizen at the time of that decision in the case of an adoption that took place on or after January 1, 1947;

  • (c) evidence that establishes that the decision in respect of the adoption was made abroad;

  • (d) two photographs of the person in the format specified on the prescribed form; and

  • (e) evidence that establishes that the person has paid the fees required under sections 31 and 32 of the Regulations.

Renunciation of Citizenship

Marginal note:Application under subsection 9(1) of Act

 An application made under subsection 9(1) of the Act, other than an application referred to in section 11, must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) a birth certificate or, if unobtainable, other evidence that establishes the applicant’s date and place of birth;

  • (b) evidence that establishes the applicant’s citizenship;

  • (c) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one;

  • (d) evidence that establishes the applicant’s place of residence;

  • (e) a photograph of the applicant in the format specified on the prescribed form; and

  • (f) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

Marginal note:Application to renounce — paragraph 3(1)(b) of Act

  •  (1) An application to renounce the citizenship conferred by the Act on a person referred to in paragraph 3(1)(b) of the Act, for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) of the Act, and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act must be

    • (a) made in the prescribed form; and

    • (b) filed in the manner determined by the Minister together with the following information and materials:

      • (i) evidence that establishes the date and place of birth of the person in respect of whom the application is made,

      • (ii) evidence that establishes that the person is a person referred to in paragraph 3(1)(b) of the Act, for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) of the Act, and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act,

      • (iii) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one, and

      • (iv) a photograph of the person in the format specified on the prescribed form.

  • Marginal note:Application to renounce — paragraph 3(1)(f) or (g) of Act

    (2) An application to renounce the citizenship conferred by the Act on a person referred to in paragraph 3(1)(f) or (g) of the Act or on a person referred to in any of paragraphs 3(1)(k) to (r) of the Act who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act, must be

    • (a) made in the prescribed form; and

    • (b) filed in the manner determined by the Minister together with the following information and materials:

      • (i) evidence that establishes the date and place of birth of the person in respect of whom the application is made,

      • (ii) evidence that establishes that the person is a person referred to in paragraph 3(1)(f) or (g) of the Act, or a person referred to in any of paragraphs 3(1)(k) to (r) of the Act and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act,

      • (iii) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one, and

      • (iv) a photograph of the person in the format specified on the prescribed form.

 
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