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Citizenship Regulations (SOR/93-246)

Regulations are current to 2019-11-19 and last amended on 2018-12-05. Previous Versions

Grant of Citizenship (continued)

 The following factors are to be considered in determining whether the requirements of subsection 5.1(2) of the Act have been met in respect of the adoption of a person referred to in section 7 of the Regulations:

  • (a) if the adoption occurred in Canada,

    • (i) whether a provincial competent authority has stated, in writing, that it does not object to the adoption, and

    • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;

  • (b) in all other cases,

    • (i) whether the competent authorities of the person’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated, in writing, that they do not object to the adoption, and

    • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption.

  • SOR/2007-281, s. 2
  • SOR/2009-108, s. 10
  • SOR/2015-129, s. 2

 For greater certainty, in sections 5.2 and 5.3 the reference to “Canada” is a reference to Canada further to the union of Newfoundland and Labrador with Canada, and the reference to “provincial” also includes Newfoundland and Labrador.

  • SOR/2007-281, s. 2
  • SOR/2009-108, s. 11
  • SOR/2015-129, s. 2

 [Repealed, SOR/2015-129, s. 2]

 [Repealed, SOR/2009-108, s. 13]

Renunciation of Citizenship

 [Repealed, SOR/2015-129, s. 3]

  •  (1) The Minister must approve an application made under subsections 11(1) and (2) of the Regulations if the person

    • (a) is a citizen of a country other than Canada or will become a citizen of a country other than Canada if the application is approved; and

    • (b) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability.

  • (2) The Minister may waive on compassionate grounds the requirement set out in paragraph (1)(b).

  • (3) If an application for renunciation is approved, the Minister must issue to the person a document attesting to the renunciation.

  • SOR/2009-108, s. 15
  • SOR/2015-129, s. 3

Revocation of Citizenship

 A hearing may be held under subsection 10(4) of the Act on the basis of any of the following factors:

  • (a) the existence of evidence that raises a serious issue of the person’s credibility;

  • (b) the person’s inability to provide written submissions.

  • (c) [Repealed, SOR/2018-264, s. 2]

  • SOR/2015-198, s. 1
  • SOR/2018-264, s. 2

 [Repealed, SOR/2015-129, s. 3]

 [Repealed, SOR/2015-129, s. 3]

 [Repealed, SOR/2015-129, s. 3]

Procedure

 [Repealed, SOR/2014-186, s. 1]

  •  (1) [Repealed, SOR/2018-264, s. 3]

  • (2) When an applicant appears before a citizenship judge, the judge may permit the applicant to be accompanied by

    • (a) a person who does not have a citizenship application in progress;

    • (b) a person acting as an interpreter who is at least 18 years of age and who does not have a citizenship application in progress; and

    • (c) any other person, if their exclusion would cause the applicant undue hardship.

  • (3) A person referred to in paragraph (2)(b) or a person referred to in paragraph (2)(c) who also acts as an interpreter must have sufficient knowledge of one of Canada’s official languages in order to be able to understand the judge’s instructions and questions and to communicate with the judge.

  • SOR/94-442, s. 2
  • SOR/2014-186, s. 1
  • SOR/2015-129, s. 4
  • SOR/2018-264, s. 3

 [Repealed, SOR/94-442, s. 2]

Official Languages Criteria

 A person is considered to have an adequate knowledge of one of the official languages of Canada if they demonstrate that they have competence in basic communication in that language such that they are able to

  • (a) take part in short, routine conversations about everyday topics;

  • (b) understand simple instructions and directions;

  • (c) use basic grammar, including simple structures and tenses, in oral communication; and

  • (d) use vocabulary that is adequate for routine oral communication.

  • SOR/94-442, s. 2
  • SOR/2012-178, s. 2

Knowledge of Canada and Citizenship Criteria

  •  (1) A person is considered to have an adequate knowledge of Canada if they demonstrate, based on their responses to questions prepared by the Minister, that they know the national symbols of Canada and have a general understanding of the following subjects:

    • (a) the chief characteristics of Canadian political and military history;

    • (b) the chief characteristics of Canadian social and cultural history;

    • (c) the chief characteristics of Canadian physical and political geography;

    • (d) the chief characteristics of the Canadian system of government as a constitutional monarchy; and

    • (e) characteristics of Canada other than those referred to in paragraphs (a) to (d).

  • (2) A person is considered to have an adequate knowledge of the responsibilities and privileges of citizenship if they demonstrate, based on their responses to questions prepared by the Minister, that they have a general understanding of the following subjects:

    • (a) participation in the Canadian democratic process;

    • (b) participation in Canadian society, including volunteerism, respect for the environment and the protection of Canada’s natural, cultural and architectural heritage;

    • (c) respect for the rights, freedoms and obligations set out in the laws of Canada; and

    • (d) the responsibilities and privileges of citizenship other than those referred to in paragraphs (a) to (c).

  • SOR/94-442, s. 3
  • SOR/2010-209, s. 1

 [Repealed, SOR/2009-108, s. 19]

Ceremonial Procedures of Citizenship Judges

  •  (1) The ceremonial procedures to be followed by citizenship judges shall be appropriate to impress on new citizens the responsibilities and privileges of citizenship and, without limiting the generality of the foregoing, a citizenship judge shall, during a ceremony held for the presentation of certificates of citizenship,

    • (a) emphasize the significance of the ceremony as a milestone in the lives of the new citizens;

    • (b) subject to subsection 22(1), administer the oath of citizenship with dignity and solemnity, allowing the greatest possible freedom in the religious solemnization or the solemn affirmation thereof;

    • (c) personally present certificates of citizenship, unless otherwise directed by the Minister; and

    • (d) promote good citizenship, including respect for the law, the exercise of the right to vote, participation in community affairs and intergroup understanding.

  • (2) Unless the Minister otherwise directs, a certificate of citizenship issued to a person who has been granted citizenship under subsection 5(l) of the Act shall be presented at a ceremony described in subsection (l).

 [Repealed, SOR/2009-108, s. 20]

Oath of Citizenship

  •  (1) Subject to subsection 5(3) of the Act and section 22 of these Regulations, a person who has been granted citizenship under subsection 5(1) of the Act shall take the oath of citizenship by swearing or solemnly affirming it before a citizenship judge.

  • (2) Unless the Minister otherwise directs, the oath of citizenship shall be taken at a citizenship ceremony.

  • (3) If a person is to take the oath of citizenship at a citizenship ceremony, a certificate of citizenship shall be forwarded by the Registrar to a citizenship officer of the appropriate citizenship office, who shall notify the person of the date, time and place at which the person is to appear before the citizenship judge to take the oath of citizenship and receive the person’s certificate of citizenship.

  • SOR/2009-108, s. 21(E)
 
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