Citizenship Regulations (SOR/93-246)

Regulations are current to 2019-07-29 and last amended on 2018-12-05. Previous Versions

Oath of Citizenship (continued)

  •  (1) Subject to subsection 5(3) of the Act and section 22 of these Regulations, a person who is 14 years of age or older on the day on which the person is granted citizenship under subsection 5(2) or (4) or 11(1) of the Act shall take the oath of citizenship by swearing or solemnly affirming it

    • (a) before a citizenship judge, if the person is in Canada; or

    • (b) before a foreign service officer, if the person is outside Canada.

  • (2) Where a person is to take the oath of citizenship pursuant to subsection (1), the Registrar shall forward a certificate of citizenship to

    • (a) if the oath is to be taken in Canada, a citizenship officer of the citizenship office that the Registrar considers appropriate in the circumstances; or

    • (b) if the oath is to be taken in another country, a foreign service officer in that country.

  • (3) A citizenship officer or foreign service officer mentioned in paragraph (2)(a) or (b) shall notify the person of the date, time and place at which the person is to appear and take the oath of citizenship.

  • SOR/2009-108, s. 22(E)
  • SOR/2015-129, s. 5

 Subject to section 22, a person who takes the oath of citizenship pursuant to subsection 19(1) or 20(1) shall, at the time the person takes it, sign a certificate in prescribed form certifying that the person has taken the oath, and the certificate shall be countersigned by the citizenship officer or foreign service officer who administered the oath and forwarded to the Registrar.

  •  (1) The Minister or a person authorized by the Minister in writing to act on the Minister’s behalf may administer the oath of citizenship to any person who has been granted citizenship and, in such case, the Registrar shall make all necessary arrangements for the purpose of administering the oath.

  • (2) Where the Minister or a person authorized by the Minister in writing to act on the Minister’s behalf administers the oath of citizenship, a citizenship officer who is authorized to do so by the Registrar shall countersign the certificate and forward it to the Registrar.

  • SOR/94-442, s. 4

 [Repealed, SOR/2014-186, s. 2]

Oaths, Solemn Affirmations and Declarations

 Subject to sections 19 to 22, any oath, solemn affirmation or declaration that is made for the purposes of the Act or these Regulations may be taken before

  • (a) the Registrar, a citizenship judge, a citizenship officer, a commissioner for taking oaths, a notary public or a justice of the peace, if made in Canada; or

  • (b) a foreign service officer, a judge, a magistrate, an officer of a court of justice or a commissioner authorized to administer oaths in the country in which the person is living, if made outside Canada.

Replacement, Surrender and Cancellation of Certificates

  •  (1) Subject to subsection (2), no person shall hold

    • (a) more than one valid

      • (i) certificate of naturalization or certificate of citizenship, and

      • (ii) miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph; or

    • (b) more than one certificate of renunciation.

  • (2) Where a person is included in a certificate of naturalization that relates to more than one person, the person may also hold a certificate of citizenship.

  • (3) When a person who has been granted or issued a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph makes an application for a certificate of citizenship under section 14 of the Regulations, the person shall surrender all certificates referred to in paragraph (1)(a) that are in the person’s possession to a citizenship officer or foreign service officer at the time the application is filed or at the time the new certificate is received.

  • (4) [Repealed, SOR/2015-129, s. 6]

  • (5) When a person who has been issued a certificate of renunciation makes an application for another certificate, the person shall surrender the previously issued certificate to a citizenship officer or foreign service officer at the time the application is filed or at the time the new certificate is received.

  • (6) and (7) [Repealed, SOR/2015-129, s. 6]

  • SOR/2015-129, s. 6
  •  (1) The Registrar shall, in writing, require a person to surrender to the Registrar any certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph, or certificate of renunciation, issued or granted to the person under the Act or prior legislation or any regulations made under them if there is reason to believe that the person may not be entitled to the certificate or has violated any of the provisions of the Act, and the person shall forthwith comply with the requirement.

  • (2) If the Registrar becomes aware that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the holder’s photograph, or certificate of renunciation, contravened any provision of the Act, the Registrar shall cause to be retained any certificate surrendered to the Registrar by that person until that certificate is no longer required as evidence in any legal proceedings that may be instituted in consequence of the alleged contravention.

  • (3) Where the Minister has determined that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate that contains the holder’s photograph, or certificate of renunciation, issued or granted under the Act or prior legislation or any regulations made thereunder is not entitled to the certificate, the Registrar shall cancel the certificate.

  • (4) The Registrar shall forthwith return the certificate to the person where the Minister has determined that the person is entitled to the certificate.

  • SOR/2015-129, s. 7

Disclosure of Information

 If the Minister determines that the conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Minister may disclose the following information about that person to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

  • (a) their name, postal address, telephone number, fax number and email address;

  • (b) the name of the professional body of which they are a member and their membership identification number;

  • (c) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.

  • SOR/2015-129, s. 8
  •  (1) A body that is designated under subsection 21.1(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents:

    • (a) its most recent annual report;

    • (b) its most recent financial statement and the auditor’s report on that financial statement;

    • (c) its instrument of incorporation, with an indication of any changes that have been made to that document since the last time it provided that document to the Minister in accordance with this section;

    • (d) its by-laws, with an indication of any changes that have been made to those by-laws since the last time it provided them to the Minister in accordance with this section;

    • (e) the minutes of each of the general meetings of its members that has been held during its last completed fiscal year;

    • (f) the terms of reference of its board of directors, if any, with an indication of any changes that have been made to those terms of reference since the last time they were provided to the Minister in accordance with this section;

    • (g) the conflict of interest code for its directors, if any, with an indication of any changes that have been made to that code since the last time it provided the code to the Minister in accordance with this section;

    • (h) the name, professional qualifications and term of office of each of its directors, with any change in the board of director’s composition that has occurred since the last time it provided the names of its directors to the Minister in accordance with this section;

    • (i) the minutes of each meeting of its board of directors that has been held during its last completed fiscal year;

    • (j) the name, terms of reference and composition of each of its executive committees, if any, as well as the name and professional qualifications of each of their members;

    • (k) the minutes of each meeting of its executive committees, if any, that has been held during its last completed fiscal year;

    • (l) any sums disbursed to its directors and officers as remuneration and any cash benefits or financial advantages granted to them during its last completed fiscal year;

    • (m) the name and membership number of each of its members;

    • (n) the rules that govern the conduct of its members, with an indication of any changes that have been made to those rules since the last time they were provided to the Minister in accordance with this section;

    • (o) information, made anonymous, concerning the number and type of any complaints that it received during its last completed fiscal year in relation to the conduct of any of its members, including the distribution of those complaints by type, country of origin and, in the case of Canada, province of origin, the measures that it took to deal with those complaints and any decision that it rendered and sanction that it imposed as a consequence of those complaints;

    • (p) information in aggregate form, made anonymous, concerning any investigation by it, during its last completed fiscal year, into the conduct of any of its members if that conduct likely constitutes a breach of their professional or ethical obligations;

    • (q) the amount of any fees charged by it to its members, including its membership fees, with any change in those fees that has occurred since the last time that information was provided to the Minister in accordance with this section;

    • (r) the nature and amount of its entertainment, hospitality, meal, transport, accommodation, training and incidental expenses, if any, that were incurred by any person with respect to the body during its last completed fiscal year, as well as the name of the person;

    • (s) any training requirements that it imposes on its members; and

    • (t) information concerning any training made available by it to its members during its last completed fiscal year, including

      • (i) the professional qualifications required of trainers,

      • (ii) the identification of the mandatory courses from among those on offer,

      • (iii) any evaluation methods and applicable completion standards, and

      • (iv) the name and professional qualifications of each trainer.

  • (2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the information or documents set out in the notice.

  • (3) The information and documents referred to in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries.

  • (4) Any information or document referred to in subsection (1) or (2) may be provided to the Minister by electronic means.

  • SOR/2015-129, s. 8
 
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