Citizenship Regulations

Contents

His Excellency the Governor General in Council, on the recommendation of the Minister of Multiculturalism and Citizenship, pursuant to section 27 of the Citizenship Act, is pleased hereby to revoke the Citizenship Regulations, C.R.C., c. 400, and to make the annexed Regulations respecting Citizenship, in substitution therefor.

1 #

[Repealed, SOR/2009-108, s. 2] (repealed)

Interpretation

2 #

In these Regulations,

Act means the Citizenship Act; (Loi)

citizenship court [Repealed, SOR/2009-108, s. 3]

citizenship office means a place where a citizenship judge or citizenship officer performs duties under the Act; (bureau de la citoyenneté)

citizenship officer means a person who is authorized by the Minister in writing to perform the duties of a citizenship officer prescribed by these Regulations; (agent de la citoyenneté)

foreign service officer means a Canadian diplomatic or consular officer who is accredited to carry out or is carrying out official duties in the country in which a person making an application or giving a notice pursuant to the Act resides or, if there is no such officer in that country, such an officer who is accredited to carry out or is carrying out official duties in another country; (agent du service extérieur)

Hague Convention on Adoption means the Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption that was concluded on May 29, 1993 and came into force on May 1, 1995; (Convention sur l’adoption)

parent means the father or mother of a child, whether or not the child was born in wedlock, and includes an adoptive parent; (parent)

prescribed [Repealed, SOR/2015-129, s. 1]

Registrar means the Registrar of Canadian Citizenship; (greffier)

Regulations means the Citizenship Regulations, No. 2. (Règlement)

^note

Grant of Citizenship

3 #

[Repealed, SOR/2015-129, s. 2] (repealed)

3.1 #

[Repealed, SOR/2015-129, s. 2] (repealed)

4 #

[Repealed, SOR/2015-129, s. 2] (repealed)

5 #

[Repealed, SOR/2009-108, s. 7] (repealed)

5.1 #

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 minor child referred to in section 5 of the Regulations:

(a)if the adoption occurred in Canada and, at the time of the adoption, the minor child was habitually resident outside Canada in a country that is a party to the Hague Convention on Adoption,

(i)whether the provincial authority responsible for international adoption has stated in writing that in its opinion the adoption was in accordance with the Hague Convention on Adoption and that the provincial authority does not object to the adoption, and

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

(b)if the adoption occurred in Canada and, at the time of the adoption, the minor child was habitually resident outside Canada in a country that is not a party to the Hague Convention on Adoption,

(i)whether the provincial authority responsible for international adoption has stated in writing that it does not object to the adoption,

(ii)whether before the adoption, the minor child’s parent or parents, as the case may be, gave their free and informed consent in writing to the adoption,

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

(iv)whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

(v)whether the child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption;

(c)if the adoption occurred abroad and, at the time of the adoption, the minor child was habitually resident in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is another country that is also a party to the Hague Convention on Adoption,

(i)whether the competent authorities responsible for international adoption in the child’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated in writing that in their opinion the adoption was in accordance with the Hague Convention on Adoption and that they do not object to the adoption, and

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

(d)in all other cases,

(i)whether a competent authority of the country of intended destination at the time of the adoption conducted or approved a home study of the parent or parents, as the case may be, and has stated in writing that it does not object to the adoption,

(ii)whether before the adoption, the minor child’s parent or parents, as the case may be, gave their free and informed consent in writing to the adoption,

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

(iv)whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

(v)whether the minor child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption.

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5.2 #

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 section 6 of the Regulations:

(a)if the adoption occurred in Canada and, at the time of the adoption, the person was habitually resident outside Canada in a country that is a party to the Hague Convention on Adoption,

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

(b)if the adoption occurred in Canada and, at the time of the adoption, the person was habitually resident outside Canada in a country that is not a party to the Hague Convention on Adoption,

(i)whether the provincial authority responsible for international adoption has stated in writing that it does not object to the adoption,

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

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

(iv)whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

(v)whether the person was eligible for adoption in accordance with the laws of the person’s country of habitual residence at the time of the adoption;

(c)if the adoption occurred abroad and, at the time of the adoption, the person was habitually resident in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is another country that is also a party to the Hague Convention on Adoption,

(i)whether the competent authorities responsible for international adoption in 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 in their opinion the adoption was in accordance with the Hague Convention on Adoption and that they do not object to the adoption, and

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

(d)in all other cases,

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

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

(iv)whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

(v)whether the person was eligible for adoption in accordance with the laws of the person’s country of habitual residence at the time of the adoption.

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5.3 #

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.

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5.4 #

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.^note

5.5 #

[Repealed, SOR/2015-129, s. 2] (repealed)

6 #

[Repealed, SOR/2009-108, s. 13] (repealed)

Renunciation of Citizenship

7 #

[Repealed, SOR/2015-129, s. 3] (repealed)

7.1 #

(1)The Minister must approve an application made in accordance with any of subsections 11(1) to (4) 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.

(1.1)For greater certainty, a minor may make an application referred to in subsection (1).

(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.

^note

Revocation of Citizenship

7.2 #

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] (repealed)

^note

8 #

[Repealed, SOR/2015-129, s. 3] (repealed)

9 #

[Repealed, SOR/2015-129, s. 3] (repealed)

10 #

[Repealed, SOR/2015-129, s. 3] (repealed)

Procedure

11 #

[Repealed, SOR/2014-186, s. 1] (repealed)

12 #

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

(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.

13 #

[Repealed, SOR/94-442, s. 2] (repealed)

Official Languages Criteria

14 #

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.

^note

Knowledge of Canada and Citizenship Criteria

15 #

(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).

16 #

[Repealed, SOR/2009-108, s. 19] (repealed)

Ceremonial Procedures of Citizenship Judges

17 #

(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).

18 #

[Repealed, SOR/2009-108, s. 20] (repealed)

Oath of Citizenship

19 #

(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.

20 #

(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.

21 #

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.

22 #

(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.

23 #

[Repealed, SOR/2014-186, s. 2] (repealed)

Oaths, Solemn Affirmations and Declarations

24 #

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

25 #

(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] (repealed)

(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] (repealed)

26 #

(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.

Disclosure of Information

26.1 #

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.

^note

26.2 #

[Repealed, SOR/2026-68, s. 52] (repealed)

26.3 #

The Minister may disclose information with respect to the citizenship status of a person to any department or agency of the government of Canada or of a province with which the Minister has entered into an arrangement or agreement for the disclosure of the information for the purpose of determining the person’s eligibility for a benefit or program.^note

26.4 #

(1)The Minister may disclose information with respect to the loss of citizenship of a person or the cancellation of any certificate set out in subsection 26(3) to any department or agency of the government of Canada or of a province with which the Minister has entered into an arrangement or agreement for the disclosure of the information.

(2)If the loss of the person’s citizenship occurred as a result of false representation, fraud or concealment of material circumstances, the Minister may disclose to departments and agencies of the government of Canada or of a province any relevant information related to the false representation, fraud or concealment of material circumstances, as the case may be.

^note

26.5 #

(1)The Minister may disclose within his or her own department any information obtained through the management of the citizenship program for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act and the laws respecting passports and other travel documents.

(2)The Minister may disclose to the Department of Employment and Social Development and to the Canada Border Services Agency any information obtained through the management of the citizenship program for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act and the laws respecting passports and other travel documents if the Minister has entered into an arrangement with that Department or Agency for the disclosure of the information.

^note

26.6 #

(1)The Minister may require an applicant to provide their social insurance number, if any, in any application made under subsection 5(1) or 11(1) of the Act.

(2)The Minister may disclose the following information to the Canada Revenue Agency if the Minister has entered into an arrangement with the Agency for the disclosure of the information:

(a)the social insurance number of an applicant for the purposes of verifying whether the applicant has complied with the requirements set out in paragraphs 5(1)(c) and (1.2)(b) and 11(1)(d) and (1.1)(b) of the Act; and

(b)any relevant information related to any discrepancies between the information obtained from the applicant and that provided by the Agency if there are reasonable grounds to believe that the discrepancy is a result of false representation, fraud or concealment of material circumstances made in the course of an application, as well as any personal information, including the social insurance number, of an applicant that the Agency is authorized to collect for the purpose of the administration of its programs and the enforcement of the legislation for which it is responsible.

^note

26.7 #

The Minister may disclose the identity or the status of a person to the Royal Canadian Mounted Police, to any provincial or municipal police force or to any other investigative bodies with which the Minister has entered into an arrangement or agreement for the disclosure of that information.^note

Seizure of Documents

27 #

If the Minister seizes a document under section 23.2 of the Act, the Minister must provide to the person who provided the document written notice of the seizure that includes the grounds for the seizure and that states that the person may provide additional information with respect to the document.^note

28 #

The Minister may, for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act, disclose to the Canada Border Services Agency, information with respect to the seized document and may provide the seized document to the Agency. The Agency may keep the seized document for the period necessary to determine whether it appears to be genuine or to have been unlawfully altered.^note

29 #

If the Minister determines that the seized document was not fraudulently or improperly obtained or used, or that its seizure is not necessary to prevent its fraudulent or improper use, the Minister must return the document to the person who provided it.^note

30 #

If the Minister determines that the seized document was obtained or used fraudulently or improperly or that the seizure is necessary to prevent its fraudulent or improper use, the document must be detained for as long as is necessary for the administration of the laws of Canada, after which it will be returned to the authority that issued it or disposed of in accordance with the laws of Canada.^note

Fees

31 #

(1)Subject to this section, for an application set out in column I of an item of the schedule, the fee set out in column III of that item is payable to the applicable department or officer set out in column II of that item.

(2)No fee is payable in respect of the administration of an oath of citizenship.

(3)No fee is payable in respect of the administration of an oath, solemn affirmation or statutory declaration where it is administered by a person employed by Her Majesty in right of Canada.

(4)No fee is payable in respect of the replacement of a certificate where the certificate was lost, mislaid or mutilated or destroyed without lawful excuse by a court of law, a department or agency of the Government of Canada, the Royal Canadian Mounted Police or the Canadian Forces.

(5)No fee is payable in respect of a search of the records kept in the course of the administration of the Act or prior legislation or the provision of a copy of a document from those records where the search or copy is requested by

(a)a department or agency of the Government of Canada or of a province;

(b)the Royal Canadian Mounted Police or the Canadian Forces; or

(c)a person who has submitted, in accordance with section 14 of the Regulations, an application for a certificate of citizenship in respect of which a determination has not yet been made.

Fee for Right to Be a Citizen

32 #

The fee to be paid for the right to be a citizen conferred by or on behalf of Her Majesty on a person who is eighteen years of age or over is $100 and is payable by the person at the time of making the application.^note

Remission

33 #

Remission is hereby granted of the fee paid under section 32 where the right to be a citizen is not conferred by or on behalf of Her Majesty on the person, so that the fee is refunded, by the Minister, to the person who paid it.^note

(Subsection 31(1))

Federal laws of Canada reproduced under the Reproduction of Federal Law Order (SI/97-5); not the official version. Source: Justice Laws Website.