C-29
An Act
respecting citizenship
1. This Act may be cited as the Citizenship
Act.
1974-75-76, c. 108, s.
1.
2. (1)
In this Act, "certificate of citizenship"
«certificat de citoyenneté»
"certificate
of citizenship" means a certificate of citizenship issued or granted under
this Act or under the former Act;
"certificate
of naturalization"
«certificat de naturalisation»
"certificate
of naturalization" means a certificate of naturalization granted under any
Act that was in force in Canada at any time before January 1, 1947;
"certificate
of renunciation"
«certificat de répudiation»
"certificate
of renunciation" means a certificate of renunciation issued under section
9;
"child"
«enfant»
"child"
includes a child adopted or legitimized in accordance with the laws of the
place where the adoption or legitimation took place;
"citizen"
«citoyen»
"citizen"
means a Canadian citizen;
"citizenship"
«citoyenneté»
"citizenship"
means Canadian citizenship;
"citizenship
judge"
«juge de la citoyenneté»
"citizenship
judge" means a citizenship judge appointed under section 26;
"common-law
partner"
«conjoint de fait»
"common-law
partner" , in relation to an individual, means a person who is cohabiting
with the individual in a conjugal relationship, having so cohabited for a
period of at least one year;
"Court"
«Cour»
"Court"
means the Federal Court;
"disability"
[Repealed, 1992, c. 21, s. 6]
"former
Act"
«ancienne loi»
"former
Act" means the Canadian Citizenship Act, chapter C-19 of the
Revised Statutes of Canada, 1970;
"Minister"
«ministre»
"Minister"
means such member of the Queen’s Privy Council for Canada as is designated by
the Governor in Council as the Minister for the purposes of this Act;
"minor"
«mineur»
"minor"
means a person who has not attained the age of eighteen years;
"prior
legislation"
«législation antérieure»
"prior
legislation" means any Act respecting naturalization or citizenship that
was in force in Canada at any time before February 15, 1977.
(2)
For the purposes of this Act,
(a) a person is deemed to be born in Canada if the person
is born on a Canadian ship as defined in the Canada Shipping Act, on an
air cushion vehicle registered in Canada under that Act or on an aircraft
registered in Canada under the Aeronautics Act and regulations made
thereunder;
(b) a person who is lawfully present and entitled to
permanently reside in Canada is deemed to have been lawfully admitted to Canada
for permanent residence; and
(c) a person against whom a removal order has been made
remains under that order
(i)
unless all rights of review by or appeal to the Immigration Appeal Division of
the Immigration and Refugee Board, the Federal Court of Appeal and the Supreme
Court of Canada have been exhausted with respect to the order and the final
result of those reviews or appeals is that the order has no force or effect, or
(ii)
until the order has been executed.
R.S., 1985, c. C-29, s.
2; R.S., 1985, c. 28 (4th Supp.), s. 36; 1992, c. 21, s. 6; 2000, c. 12, s. 74;
2001, c. 27, s. 227.1; 2002, c. 8, s. 183.
3. (1)
Subject to this Act, a person is a citizen if
(a) the person was born in Canada after February 14, 1977;
(b) the person was born outside Canada after February 14,
1977 and at the time of his birth one of his parents, other than a parent who
adopted him, was a citizen;
(c) the person has been granted or acquired citizenship
pursuant to section 5 or 11 and, in the case of a person who is fourteen years
of age or over on the day that he is granted citizenship, he has taken the oath
of citizenship;
(d) the person was a citizen immediately before February
15, 1977; or
(e) the person was entitled, immediately before February
15, 1977, to become a citizen under paragraph 5(1)(b)
of the former Act.
Not applicable to children of foreign diplomats, etc.
(2)
Paragraph (1)(a) does not apply to a person if, at
the time of his birth, neither of his parents was a citizen or lawfully
admitted to Canada for permanent residence and either of his parents was
(a) a diplomatic or consular officer or other representative
or employee in Canada of a foreign government;
(b) an employee in the service of a person referred to in
paragraph (a); or
(c) an officer or employee in Canada of a specialized
agency of the United Nations or an officer or employee in Canada of any other
international organization to whom there are granted, by or under any Act of
Parliament, diplomatic privileges and immunities certified by the Minister of
Foreign Affairs to be equivalent to those granted to a person or persons
referred to in paragraph (a).
R.S., 1985, c. C-29, s.
3; 1995, c. 5, s. 25.
4. (1)
For the purposes of paragraph 3(1)(a), every person
who, before apparently attaining the age of seven years, was found as a
deserted child in Canada shall be deemed to have been born in Canada, unless
the contrary is proved within seven years from the date the person was found.
Child born after death of
parent
(2)
For the purposes of paragraph 3(1)(b) and subsection
3(2), where a child is born after the death of either of his parents, the child
shall be deemed to have been born before the death of that parent.
Person born of Canadian
parent outside Canada
(3)
For the purposes of paragraph 3(1)(e), a person
otherwise entitled under paragraph 5(1)(b) of the former
Act to become a citizen immediately before February 15, 1977 remains so
entitled notwithstanding that his birth is registered, after February 14, 1977,
in accordance with the regulations made under the former Act,
(a) within two years after the occurrence of his birth; or
(b) within such extended period as the Minister may
authorize after February 15, 1977 or has authorized before that date.
1974-75-76, c. 108, s.
4.
5. (1)
The Minister shall grant citizenship to any person who
(a) makes application for citizenship;
(b) is eighteen years of age or over;
(c) is a permanent resident within the meaning of
subsection 2(1) of the Immigration and Refugee Protection Act, and has,
within the four years immediately preceding the date of his or her application,
accumulated at least three years of residence in Canada calculated in the
following manner:
(i) for
every day during which the person was resident in Canada before his lawful
admission to Canada for permanent residence the person shall be deemed to have
accumulated one-half of a day of residence, and
(ii) for
every day during which the person was resident in Canada after his lawful
admission to Canada for permanent residence the person shall be deemed to have
accumulated one day of residence;
(d) has an adequate knowledge of one of the official
languages of Canada;
(e) has an adequate knowledge of Canada and of the
responsibilities and privileges of citizenship; and
(f) is not under a removal order and is not the subject of
a declaration by the Governor in Council made pursuant to section 20.
(1.1)
Any day during which an applicant for citizenship resided with the applicant’s
spouse who at the time was a Canadian citizen and was employed outside of
Canada in or with the Canadian armed forces or the federal public
administration or the public service of a province, otherwise than as a locally
engaged person, shall be treated as equivalent to one day of residence in
Canada for the purposes of paragraph (1)(c) and
subsection 11(1).
Idem
(2)
The Minister shall grant citizenship to any person who
(a) is a permanent resident within the meaning of
subsection 2(1) of the Immigration and Refugee Protection Act, and is
the minor child of a citizen if an application for citizenship is made to the
Minister by a person authorized by regulation to make the application on behalf
of the minor child; or
(b) was born outside Canada, before February 15, 1977, of a
mother who was a citizen at the time of his birth, and was not entitled, immediately
before February 15, 1977, to become a citizen under subparagraph 5(1)(b)(i) of the former Act, if, before February 15, 1979, or
within such extended period as the Minister may authorize, an application for
citizenship is made to the Minister by a person authorized by regulation to
make the application.
Waiver by Minister on compassionate grounds
(3)
The Minister may, in his discretion, waive on compassionate grounds,
(a) in the case of any person, the requirements of
paragraph (1)(d) or (e);
(b) in the case of a minor, the requirement respecting age
set out in paragraph (1)(b), the requirement
respecting length of residence in Canada set out in paragraph (1)(c) or the requirement to take the oath of citizenship; and
(c) in the case of any person who is prevented from
understanding the significance of taking the oath of citizenship by reason of a
mental disability, the requirement to take the oath.
(4)
In order to alleviate cases of special and unusual hardship or to reward
services of an exceptional value to Canada, and notwithstanding any other
provision of this Act, the Governor in Council may, in his discretion, direct
the Minister to grant citizenship to any person and, where such a direction is
made, the Minister shall forthwith grant citizenship to the person named in the
direction.
R.S., 1985, c. C-29, s.
5; R.S., 1985, c. 44 (3rd Supp.), s. 1; 1992, c. 21, s. 7; 2000, c. 12, s. 75;
2001, c. 27, s. 228; 2003, c. 22, s. 149(E).
6. A citizen, whether or not born in
Canada, is entitled to all rights, powers and privileges and is subject to all
obligations, duties and liabilities to which a person who is a citizen under
paragraph 3(1)(a) is entitled or subject and has a
like status to that of such person.
1974-75-76, c. 108, s.
5.
No loss except as herein provided
7. A person who is a citizen shall not
cease to be a citizen except in accordance with this Part.
1974-75-76, c. 108, s.
6.
8. Where a person who was born outside
Canada after February 14, 1977 is a citizen for the reason that at the time of
his birth one of his parents was a citizen by virtue of paragraph 3(1)(b) or (e), that person ceases
to be a citizen on attaining the age of twenty-eight years unless that person
(a) makes application to retain his citizenship; and
(b) registers as a citizen and either resides in Canada for
a period of at least one year immediately preceding the date of his application
or establishes a substantial connection with Canada.
1974-75-76, c. 108, s.
7.
9. (1)
A citizen may, on application, renounce his citizenship if he
(a) is a citizen of a country other than Canada or, if his
application is accepted, will become a citizen of a country other than Canada;
(b) is not the subject of a declaration by the Governor in
Council made pursuant to section 20;
(c) is not a minor;
(d) is not prevented from understanding the significance of
renouncing citizenship by reason of the person having a mental disability; and
(e) does not reside in Canada.
Ministerial discretion to waive requirements
(2)
The Minister may, in the Minister’s discretion, waive on compassionate grounds
the requirements of paragraph (1)(d) or (e).
Certificate of renunciation
(3)
Where an application for renunciation is approved, the Minister shall issue a
certificate of renunciation to the applicant and the applicant ceases to be a
citizen after the expiration of the day on which the certificate is issued or
such later day as the certificate may specify.
R.S., 1985, c. C-29, s.
9; 1992, c. 21, s. 8.
10. (1)
Subject to section 18 but notwithstanding any other section of this Act, where
the Governor in Council, on a report from the Minister, is satisfied that any
person has obtained, retained, renounced or resumed citizenship under this Act
by false representation or fraud or by knowingly concealing material
circumstances,
(a) the person ceases to be
a citizen, or
(b) the renunciation of
citizenship by the person shall be deemed to have had no effect,
as of such date as may be fixed by order of the
Governor in Council with respect thereto.
(2) A
person shall be deemed to have obtained citizenship by false representation or
fraud or by knowingly concealing material circumstances if the person was
lawfully admitted to Canada for permanent residence by false representation or
fraud or by knowingly concealing material circumstances and, because of that
admission, the person subsequently obtained citizenship.
1974-75-76, c. 108, s. 9.
11. (1)
The Minister shall grant citizenship to any person who, having ceased to be a
citizen,
(a) makes an application
for resumption of citizenship;
(b) is not the subject of
an order of or a declaration by the Governor in Council made pursuant to
section 10 or 20 of this Act or section 18 of the former Act;
(c) is not under a removal
order; and
(d) has become a permanent
resident within the meaning of subsection 2(1) of the Immigration and
Refugee Protection Act and has, since having ceased to be a citizen and
become a permanent resident, resided in Canada for at least one year
immediately preceding the date of the application.
(1.1)
The requirement set out in paragraph (1)(d) does not
apply to a person who ceased to be a citizen, before February 15, 1977, because
a parent of that person ceased to be a citizen as a result of
(a) acquiring the
nationality or citizenship of a country other than Canada; or
(b) renouncing his or her
Canadian citizenship.
Automatic
acquisition of citizenship
(2)
Notwithstanding any other provision of this Act, a woman, who
(a) by virtue of any law of
Canada in force at any time before January 1, 1947 had, by reason only of her
marriage or the acquisition by her husband of a foreign nationality, ceased to
be a British subject, and
(b) would have been a
citizen had the former Act come into force immediately before her marriage or
the acquisition by her husband of a foreign nationality,
acquires citizenship immediately on the receipt by
the Minister of a notice in writing by her that she elects to be a citizen.
R.S., 1985, c. C-29, s. 11; 2001, c. 27, s. 229; 2005,
c. 17, s. 1.
Application for
certificate of citizenship
12. (1)
Subject to any regulations made under paragraph 27(i),
the Minister shall issue a certificate of citizenship to any citizen who has
made application therefor.
Issue of certificate
(2)
Where an application under section 5 or 8 or subsection 11(1) is approved, the
Minister shall issue a certificate of citizenship to the applicant.
When effective
(3) A
certificate issued pursuant to this section does not take effect until the
person to whom it is issued has complied with the requirements of this Act and
the regulations respecting the oath of citizenship.
1974-75-76, c. 108, s. 11.
Applications and
registrations
13. Where an application is made or a
notice is given pursuant to this Act or a registration is made pursuant to
section 8,
(a) it shall be made or
given in such form and manner and at such place, and
(b) such evidence shall be
provided and such fees shall be paid with respect thereto,
as are prescribed by the Minister pursuant to this
Act or by the regulations.
1974-75-76, c. 108, s. 12.
Consideration by
citizenship judge
(a) a grant of citizenship
under subsection 5(1),
(b) a retention of
citizenship under section 8,
(c) a renunciation of
citizenship under subsection 9(1), or
(d) a resumption of
citizenship under subsection 11(1)
shall be considered by a citizenship judge who shall,
within sixty days of the day the application was referred to the judge,
determine whether or not the person who made the application meets the
requirements of this Act and the regulations with respect to the application.
(1.1)
Where an applicant is a permanent resident who is the subject of an
admissibility hearing under the Immigration and Refugee Protection Act,
the citizenship judge may not make a determination under subsection (1) until
there has been a final determination whether, for the purposes of that Act, a
removal order shall be made against that applicant.
(1.2) [Repealed, 2001, c. 27, s. 230]
Advice to Minister
(2)
Forthwith after making a determination under subsection (1) in respect of an
application referred to therein but subject to section 15, the citizenship
judge shall approve or not approve the application in accordance with his
determination, notify the Minister accordingly and provide the Minister with
the reasons therefor.
Notice to applicant
(3)
Where a citizenship judge does not approve an application under subsection (2),
the judge shall forthwith notify the applicant of his decision, of the reasons
therefor and of the right to appeal.
Sufficiency
(4) A
notice referred to in subsection (3) is sufficient if it is sent by registered
mail to the applicant at his latest known address.
Appeal
(5)
The Minister or the applicant may appeal to the Court from the decision of the
citizenship judge under subsection (2) by filing a notice of appeal in the
Registry of the Court within sixty days after the day on which
(a) the citizenship judge
approved the application under subsection (2); or
(b) notice was mailed or
otherwise given under subsection (3) with respect to the application.
(6) A
decision of the Court pursuant to an appeal made under subsection (5) is,
subject to section 20, final and, notwithstanding any other Act of Parliament,
no appeal lies therefrom.
R.S., 1985, c. C-29, s. 14; 1995, c. 15, s. 23; 2001,
c. 27, s. 230.
Recommendation
re use of discretion
15. (1)
Where a citizenship judge is unable to approve an application under subsection
14(2), the judge shall, before deciding not to approve it, consider whether or
not to recommend an exercise of discretion under subsection 5(3) or (4) or
subsection 9(2) as the circumstances may require.
Subsequent action
(2)
Where a citizenship judge makes a recommendation for an exercise of discretion
under subsection (1), the judge shall
(a) notify the applicant;
(b) transmit the
recommendation to the Minister with the reasons therefor; and
(c) in accordance with the
decision that has been made in respect of his recommendation, forthwith on the
communication of the decision to the judge approve or not approve the
application.
1974-75-76, c. 108, s. 14.
Section 28 of Federal
Courts Act
16. Notwithstanding section 28 of the Federal
Courts Act, the Federal Court of Appeal does not have jurisdiction to hear
and determine an application to review and set aside a decision made under this
Act if the decision may be appealed under section 14 of this Act.
R.S., 1985, c. C-29, s. 16; 2002, c. 8, s. 182.
Suspension of
processing of application
17. Where a person has made an
application under this Act and the Minister is of the opinion that there is
insufficient information to ascertain whether that person meets the
requirements of this Act and the regulations with respect to the application,
the Minister may suspend the processing of the application for the period, not
to exceed six months immediately following the day on which the processing is
suspended, required by the Minister to obtain the necessary information.
1974-75-76, c. 108, s. 16.
Notice to person
in respect of revocation
18. (1)
The Minister shall not make a report under section 10 unless the Minister has
given notice of his intention to do so to the person in respect of whom the
report is to be made and
(a) that person does not,
within thirty days after the day on which the notice is sent, request that the
Minister refer the case to the Court; or
(b) that person does so
request and the Court decides that the person has obtained, retained, renounced
or resumed citizenship by false representation or fraud or by knowingly
concealing material circumstances.
(2)
The notice referred to in subsection (1) shall state that the person in respect
of whom the report is to be made may, within thirty days after the day on which
the notice is sent to him, request that the Minister refer the case to the
Court, and such notice is sufficient if it is sent by registered mail to the
person at his latest known address.
Decision final
(3) A
decision of the Court made under subsection (1) is final and, notwithstanding
any other Act of Parliament, no appeal lies therefrom.
1974-75-76, c. 108, s. 17.
19. (1)
In this section and sections 19.1, 19.2 and 20, “Review Committee” and “threats
to the security of Canada” have the same meanings as in the Canadian
Security Intelligence Service Act.
Report to Review Committee
(2)
Where the Minister is of the opinion that a person should not be granted
citizenship under section 5 or subsection 11(1) or administered the oath of
citizenship or be issued a certificate of renunciation under section 9 because
there are reasonable grounds to believe that the person will engage in activity
(a) that constitutes a
threat to the security of Canada, or
(b) that is part of a
pattern of criminal activity planned and organized by a number of persons
acting in concert in furtherance of the commission of any offence that may be
punishable under any Act of Parliament by way of indictment,
the Minister may make a report to the Review
Committee.
Notice
to be sent to person affected
(3)
The Minister shall, within ten days after a report is made pursuant to
subsection (2), cause a notice to be sent informing the person referred to in
that subsection of the report and stating that following an investigation in
relation thereto, a declaration with respect to that person may be made by the
Governor in Council under section 20.
Application of the Canadian Security Intelligence Service Act
(4)
Where a report is made to the Review Committee pursuant to subsection (2), the
Review Committee shall investigate the grounds on which it is based and for
that purpose subsections 39(2) and (3) and sections 43, 44 and 48 to 51 of the Canadian
Security Intelligence Service Act apply, with such modifications as the
circumstances require, to the investigation as if the investigation were
conducted in relation to a complaint made pursuant to section 42 of that Act,
except that a reference in any of those provisions to “deputy head” shall be
read as a reference to the Minister.
Investigation to cease
(4.1) If
the Review Committee is of the opinion that it cannot perform its duties
described in subsections (4), (5) and (6), it must cease its investigation and
give notice to the Minister and the person referred to in subsection (2).
Statement to be sent to person affected
(5)
The Review Committee shall, as soon as practicable after a report is made to it
pursuant to subsection (2), send to the person with respect to whom the report
is made a statement summarizing such information available to it as will enable
the person to be as fully informed as possible of the circumstances giving rise
to the report.
Report
(6) The
Review Committee shall, on completion of an investigation made pursuant to
subsection (4), make a report to the Governor in Council on all matters
relating thereto and shall, at the same time as or after the report is made,
provide the complainant with the conclusions of the report.
R.S., 1985, c. C-29, s. 19; 1992, c. 1, s. 144(F);
1997, c. 22, s. 1.
19.1 (1)
After consultation by the Prime Minister of Canada with the Leader of the
Opposition in the House of Commons and the leader in the House of Commons of
each party having at least twelve members in that House, the Governor in
Council may appoint a retired judge of a superior court for a term of three to
five years to perform the duties of the Review Committee described in subsections
19(4), (5) and (6).
Tenure and re-appointment
(2)
The appointed person holds office during good behaviour and may be removed by
the Governor in Council at any time for cause. The person is eligible to be
re-appointed.
Remuneration and expenses
(3) The
appointed person shall be paid, for each day that the person performs duties
under this Act, such remuneration as is fixed by the Governor in Council, and
is entitled to be paid reasonable travel and living expenses incurred in the
course of their duties under this Act while absent from their ordinary place of
residence.
1997, c. 22, s. 2.
19.2 (1)
The Minister may refer to the person appointed under subsection 19.1(1) any
case that the Review Committee has ceased to investigate under subsection
19(4.1) and, in that case, the Minister must make a report described in
subsection 19(2) to the appointed person and send the notice described in
subsection 19(3).
Application of subsections 19(4), (5) and (6)
(2)
Subsections 19(4), (5) and (6) apply to the appointed person as if that person
were the Review Committee.
1997, c. 22, s. 2.
19.3 The person appointed under subsection
19.1(1) must, not later than September 30, submit to the Minister of Public
Safety and Emergency Preparedness a report of the activities of the person
during the preceding fiscal year and that Minister must cause the report to be
laid before each House of Parliament on any of the first 15 days on which that
House is sitting after the day on which the Minister receives it.
1997, c. 22, s. 2; 2005, c. 10, s. 14.
Declaration by
the Governor in Council in matters of security
20. (1)
Notwithstanding anything in this Act, a person shall not be granted citizenship
under section 5 or subsection 11(1) or administered the oath of citizenship or
be issued a certificate of renunciation under section 9 where, after
considering the report made under subsection 19(6) by the Review Committee or
the person appointed under subsection 19.1(1), the Governor in Council declares
that there are reasonable grounds to believe that the person with respect to
whom the report was made will engage in an activity described in paragraph
19(2)(a) or (b).
Applications and appeals deemed rejected
(2)
Where a person is the subject of a declaration made under subsection (1), any
application that has been made by that person under section 5 or 9 or
subsection 11(1) is deemed to be not approved and any appeal made by him under
subsection 14(5) is deemed to be dismissed.
Expiration of declaration
(3) A
declaration made under subsection (1) ceases to have effect two years after the
day on which it was made.
Further declaration
(4)
Notwithstanding that a declaration has been previously made under subsection
20(1) with respect to a person, the Governor in Council may, after considering
any further application made by that person, make a further declaration under
that subsection with respect to that person.
Conclusive proof
(5)
Notwithstanding anything in this Act or any other Act of Parliament, a
declaration by the Governor in Council under subsection (1) is conclusive of
the matters stated therein in relation to an application for citizenship or for
the issue of a certificate of renunciation.
R.S., 1985, c. C-29, s. 20; 1997, c. 22, s. 3.
Periods not
counted as residence
21. Notwithstanding anything in this Act,
no period may be counted as a period of residence for the purpose of this Act
during which a person has been, pursuant to any enactment in force in Canada,
(a) under a probation
order;
(b) a paroled inmate; or
(c) confined in or been an
inmate of any penitentiary, jail, reformatory or prison.
1974-75-76, c. 108, s. 19.
22. (1)
Notwithstanding anything in this Act, a person shall not be granted citizenship
under section 5 or subsection 11(1) or take the oath of citizenship
(a) while the person is,
pursuant to any enactment in force in Canada,
(i) under a probation order,
(ii) a paroled inmate, or
(iii) confined in or is an inmate of any penitentiary,
jail, reformatory or prison;
(b) while the person is
charged with, on trial for or subject to or a party to an appeal relating to an
offence under subsection 29(2) or (3) or an indictable offence under any Act of
Parliament, other than an offence that is designated as a contravention under
the Contraventions Act;
(c) while the person is
under investigation by the Minister of Justice, the Royal Canadian Mounted
Police or the Canadian Security Intelligence Service for, or is charged with,
on trial for, subject to or a party to an appeal relating to, an offence under
any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;
(d) if the person has been
convicted of an offence under any of sections 4 to 7 of the Crimes Against
Humanity and War Crimes Act;
(e) if the person has not
obtained the authorization to return to Canada required under subsection 52(1)
of the Immigration and Refugee Protection Act; or
(f) if, during the five
years immediately preceding the person’s application, the person ceased to be a
citizen pursuant to subsection 10(1).
(2)
Notwithstanding anything in this Act, but subject to the Criminal Records
Act, a person shall not be granted citizenship under section 5 or
subsection 11(1) or take the oath of citizenship if,
(a) during the three year
period immediately preceding the date of the person’s application, or
(b) during the period
between the date of the person’s application and the date that the person would
otherwise be granted citizenship or take the oath of citizenship,
the person has been convicted of an offence under
subsection 29(2) or (3) or of an indictable offence under any Act of
Parliament, other than an offence that is designated as a contravention under
the Contraventions Act.
R.S., 1985, c. C-29, s. 22; R.S., 1985, c. 30 (3rd
Supp.), s. 11; 1992, c. 47, s. 67, c. 49, s. 124; 1999, c. 31, s. 42; 2000, c.
24, s. 33; 2001, c. 27, s. 231.
23. Anything that is required to be done
or that may be done by the Minister under this Act or the regulations may be
done on behalf of the Minister by any person authorized by the Minister in
writing to act on his behalf without proof of the authenticity of the
authorization.
1974-75-76, c. 108, s. 21.
Requirement to
take oath of citizenship
24. Where a person is required under this
Act to take the oath of citizenship, the person shall swear or affirm in the
form set out in the schedule and in accordance with the regulations.
1974-75-76, c. 108, s. 23.
25. (1)
Any declaration made under this Act or prior legislation or any regulations
made thereunder may be proved in any legal proceeding by the production of the
original declaration or of any copy thereof certified to be a true copy by the
Minister, and the production of the declaration or copy is conclusive evidence
of the contents thereof and of the person named therein as declarant having
made the declaration at the date therein mentioned.
Evidence of certificates
(2) A
certificate of citizenship, a certificate of naturalization or a certificate of
renunciation may be proved in any legal proceeding by the production of the
original certificate or of a document that is certified by the Minister as
bearing the same information as the original certificate.
1974-75-76, c. 108, s. 24.
26. (1)
The Governor in Council may appoint any citizen to be a citizenship judge.
Duties
(2) In
addition to his other duties set out in this Act, a citizenship judge shall
perform such other duties as the Minister prescribes for carrying into effect
the purposes and provisions of this Act.
1974-75-76, c. 108, s. 25.
27. The Governor in Council may make
regulations
(a) prescribing the manner
in which and the place at which applications and registrations are to be made
and notices are to be given under this Act and the evidence that is to be
provided with respect thereto;
(b) fixing fees for
(i) the making of any application under this Act,
(ii) the issuing of any certificate under this Act,
(iii) the registration of any person as a citizen
under this Act,
(iv) the provision of any certified or uncertified
copy of a document from the records kept in the course of the administration of
this Act or prior legislation,
(v) the administration of any oath, solemn affirmation
or declaration filed, made, issued, delivered or administered pursuant to this
Act or the regulations, or
(vi) any search of the records referred to in
subparagraph (iv);
(c) providing for the
remission of fees referred to in paragraph (b);
(d) providing for various
criteria that may be applied to determine whether a person
(i) has an adequate knowledge of one of the official
languages of Canada,
(ii) has an adequate knowledge of Canada and of the
responsibilities and privileges of citizenship, or
(iii) has a substantial connection with Canada;
(e) prescribing the
procedures to be followed in the referral of applications to citizenship
judges;
(f) prescribing the
procedures to be followed by citizenship judges in the performance of their
duties;
(g) prescribing the
ceremonial procedures to be followed by citizenship judges;
(h) respecting the taking
of the oath of citizenship;
(i) providing for the
number of copies of any certificate, declaration or other document made or
issued under this Act or prior legislation or any regulations made thereunder
that any person is entitled to have;
(j) providing for the
surrender and retention of certificates of citizenship, certificates of
naturalization or certificates of renunciation issued or granted under this Act
or prior legislation or any regulations made thereunder if there is reason to
believe that the holder thereof may not be entitled thereto or has contravened
any of the provisions of this Act;
(k) providing for the
surrender and cancellation of certificates referred to in paragraph (j) where the holder thereof has ceased to be entitled
thereto; and
(l) generally, to carry out
the purposes and provisions of this Act.
1974-75-76, c. 108, s. 26.
28. The Minister may prescribe the forms
of applications, certificates and other documents required for the purposes of
this Act.
1974-75-76, c. 108, s. 27.
29. (1)
For the purposes of this section, "certificate" means a certificate
of citizenship, a certificate of naturalization or a certificate of
renunciation.
Offences and punishment
(2) A
person who
(a) for any of the purposes
of this Act makes any false representation, commits fraud or knowingly conceals
any material circumstances,
(b) obtains or uses a
certificate of another person in order to personate that other person,
(c) knowingly permits his
certificate to be used by another person to personate himself, or
(d) traffics in
certificates or has in his possession any certificate for the purpose of
trafficking,
is guilty of an offence and liable on summary
conviction to a fine not exceeding one thousand dollars or to imprisonment for
a term not exceeding one year or to both.
(3) A
person who
(a) without lawful
authority issues or alters a certificate,
(b) counterfeits a
certificate, or
(c) uses, acts on or causes
or attempts to cause any person to use or act on a certificate, knowing it to
have been unlawfully issued or altered or to have been counterfeited,
is guilty of an indictable offence and liable to a
fine not exceeding five thousand dollars or to imprisonment for a term not
exceeding three years or to both.
(4) A
person who contravenes any provision of this Act or the regulations for the
contravention of which no fine or imprisonment is provided in this Act is
guilty of an offence punishable on summary conviction.
1974-75-76, c. 108, s. 28.
Where offence is
committed outside Canada
30. (1)
An act or omission that would, if committed in Canada, be an offence under this
Act is, if committed outside Canada, an offence under this Act.
Jurisdiction
(2) Where
a person has committed outside Canada an act or omission that is an offence
under this Act, the offence is within the competence of and may be tried and
punished by any court having jurisdiction in respect of similar offences in the
place in Canada where that person is found in the same manner as if the offence
had been committed in that place, or by any other court to which jurisdiction
has been lawfully transferred.
1974-75-76, c. 108, s. 29.
31. Any proceedings in respect of an offence
under this Act or the regulations that is punishable on summary conviction may
be instituted at any time within but not later than three years after the time
when the offence was committed.
1974-75-76, c. 108, s. 30.
32. (1)
Every person who, under an enactment of a Commonwealth country other than
Canada, is a citizen or national of that country has in Canada the status of a
citizen of the Commonwealth.
British subject
(2)
For the purposes of any law in force in Canada on and after February 15, 1977
that refers to the status of British subject, the status so described shall
refer to the status of Canadian citizen or citizen of the Commonwealth or both
as the intent of that law may require.
1974-75-76, c. 108, s. 31.
33. Any law of Canada and any regulation
made thereunder shall, unless it otherwise provides, have effect in relation to
a citizen of Ireland who is not a citizen of the Commonwealth in like manner as
it has in relation to a citizen of the Commonwealth.
1974-75-76, c. 108, s. 32.
34. Subject to section 35,
(a) real and personal
property of every description may be taken, acquired, held and disposed of by a
person who is not a citizen in the same manner in all respects as by a citizen;
and
(b) a title to real and
personal property of every description may be derived through, from or in
succession to a person who is not a citizen in the same manner in all respects
as though through, from or in succession to a citizen.
1974-75-76, c. 108, s. 33.
Authority to
prohibit or restrict acquisitions of property in a province by non-Canadians
35. (1)
Subject to subsection (3), the Lieutenant Governor in Council of a province or
such other person or authority in the province as is designated by the
Lieutenant Governor in Council thereof is authorized to prohibit, annul or in
any manner restrict the taking or acquisition directly or indirectly of, or the
succession to, any interest in real property located in the province by persons
who are not citizens or by corporations or associations that are effectively
controlled by persons who are not citizens.
Regulations
(2)
The Lieutenant Governor in Council of a province may make regulations
applicable in the province for the purposes of determining
(a) what transactions
constitute a direct or an indirect taking or acquisition of any interest in
real property located in the province;
(b) what constitutes
effective control of a corporation or association by persons who are not
citizens; and
(c) what constitutes an
association.
(3)
Subsections (1) and (2) do not operate so as to authorize or permit the
Lieutenant Governor in Council of a province, or such other person or authority
as is designated by the Lieutenant Governor in Council thereof, to make any
decision or take any action that
(a) prohibits, annuls or
restricts the taking or acquisition directly or indirectly of, or the
succession to, any interest in real property located in a province by a
permanent resident within the meaning of subsection 2(1) of the Immigration
and Refugee Protection Act;
(b) conflicts with any
legal obligation of Canada under any international law, custom or agreement;
(c) discriminates as
between persons who are not citizens on the basis of their nationalities,
except in so far as more favourable treatment is required by any legal
obligation of Canada under any international law, custom or agreement;
(d) hinders any foreign
state in taking or acquiring real property located in a province for diplomatic
or consular purposes; or
(e) prohibits, annuls or
restricts the taking or acquisition directly or indirectly of any interest in
real property located in a province by any person in the course or as a result
of an investment that the Minister is satisfied or is deemed to be satisfied is
likely to be of net benefit to Canada under the Investment Canada Act.
R.S., 1985, c. C-29, s. 35; R.S., 1985, c. 28 (1st
Supp.), s. 49; 2001, c. 27, s. 232.
36. (1)
Every person who fails to comply with any prohibition, annulment or restriction
made pursuant to subsection 35(1) is guilty of an offence and liable on summary
conviction to a fine not exceeding ten thousand dollars or to imprisonment for
a term not exceeding one year or to both.
Officers, etc., of corporations
(2)
Where a corporation commits an offence under subsection (1), any officer,
director or agent of the corporation who directed, authorized, assented to,
acquiesced in or participated in the commission of the offence is a party to
and guilty of the offence and is liable on conviction to the punishment
provided for the offence whether or not the corporation has been prosecuted or
convicted.
1974-75-76, c. 108, s. 33.
37. Sections 35 and 36 shall come into
force in any of the Provinces of Ontario, Quebec, Nova Scotia, New Brunswick,
British Columbia, Prince Edward Island, Saskatchewan and Newfoundland or in
Yukon, the Northwest Territories or Nunavut on a day fixed in a proclamation of
the Governor in Council declaring those sections to be in force in that
Province or any of those territories.
R.S., 1985, c. C-29, s. 37; 1993, c. 28, s. 78; 2002,
c. 7, s. 131.
38. Sections 34 and 35 do not operate so
as to
(a) qualify any person for
any office or for any municipal, parliamentary or other franchise;
(b) qualify any person to
be the owner of a Canadian ship;
(c) qualify any person to
take, acquire, hold or dispose of any property that under or pursuant to any
Act of Parliament may be taken, acquired, held or disposed of only by citizens;
(d) entitle any person to
any right or privilege as a Canadian citizen except such rights and privileges
in respect of property as are by this Act expressly given to the person; or
(e) affect any estate or
interest in real or personal property to which a person has or may become
entitled, either mediately or immediately, in possession or expectancy, in pursuance
of any disposition made before July 4, 1883, or in pursuance of any devolution
by law on the death of any person dying before July 4, 1883.
1974-75-76, c. 108, s. 33.
39. A person who is not a citizen is
triable at law in the same manner as if the person were a citizen.
1974-75-76, c. 108, s. 34.
(Section 24)
OATH OR AFFIRMATION OF CITIZENSHIP
I
swear (or affirm) that I will be faithful and bear
true allegiance to Her Majesty Queen Elizabeth the Second, Queen of Canada, Her
Heirs and Successors, and that I will faithfully observe the laws of Canada and
fulfil my duties as a Canadian citizen.
1974-75-76, c. 108, Sch.
AMENDMENT
NOT IN FORCE
-- 2001, c. 26, s. 286:
286. Paragraph 2(2)(a) of
the Citizenship Act is replaced by the following:
(a) a person is deemed to
be born in Canada if the person is born on a Canadian vessel as defined in
section 2 of the Canada Shipping Act, 2001, or on an aircraft registered
in Canada under the Aeronautics Act and regulations made under that Act;
RELATED
PROVISION
Citizenship Act
10. If,
before section 1 of this Act comes into force, a legal proceeding has been
commenced with respect to an investigation under subsection 19(4) of the Citizenship
Act, a final decision in that proceeding that the Review Committee must
cease its investigation is deemed to be a decision of the Review Committee
under subsection 19(4.1) of that Act, as enacted by subsection 1(2) of this
Act.
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