Citizenship Regulations

Version of section 5.2 from 2009-04-17 to 2015-06-10:

  •  (1) An application made under subsection 5.1(1) of the Act in respect of a person who is 18 years of age or more on the date of the application shall be

    • (a) made to the Minister in the prescribed form and signed by the person; and

    • (b) filed, together with the materials described in subsection (2), with the Registrar.

  • (2) For the purposes of paragraph (1)(b), the materials required by this section are

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

    • (b) evidence that establishes that a parent of the person was a citizen at the time of the adoption;

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

    • (d) two photographs of the person of the size and type shown on a form prescribed under section 28 of the Act.

  • (3) The following factors are to be considered in determining whether the requirements of subsection 5.1(1) of the Act have been met in respect of the adoption of a person referred to in subsection (1):

    • (a) whether, in the case of a person who has been adopted by a citizen who resided in Canada at the time of the adoption,

      • (i) a competent authority of the province in which the citizen resided at the time of the adoption has stated in writing that it does not object to the adoption, and

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

    • (b) whether, in the case of a person who has been adopted outside Canada in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is a province,

      • (i) the competent authority of the country and of the province of the person’s intended destination have stated in writing that they approve the adoption as conforming to that Convention,

      • (ii) a competent authority of the province — in which the citizen who is a parent of the person resided at the time of the adoption — has stated in writing that it does not object to the adoption, and

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

    • (c) whether, in all other cases,

      • (i) a competent authority has conducted or approved a home study of the parent or parents, as the case may be,

      • (ii) before the adoption, the person’s parent or parents, as the case may be, gave their free and informed consent to the adoption,

      • (iii) the pre-existing legal parent-child relationship was permanently severed by the adoption, and

      • (iv) there is no evidence that the adoption was for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption.

  • SOR/2007-281, s. 2
  • SOR/2009-108, s. 9
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