Citizenship Act
Sections and provisions with full text and the judgments that cite each one.
Section 1 — Short title
This Act may be cited as the Citizenship Act .
Section 2 — Definitions
In this Act, certificate of citizenship means a certificate of citizenship issued or granted under this Act or under the former Act; ( certificat de citoyenneté ) certificate of naturalization means…
Section 3 — Persons who are citizens
Subject to this Act, a person is a citizen if the person was born in Canada after February 14, 1977; the person was born outside Canada after February 14, 1977 and at the time of his birth one of his…
Section 4 — Deserted child
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,…
Section 5 — Grant of citizenship
The Minister shall grant citizenship to any person who makes application for citizenship; [Repealed, 2017, c. 14, s. 1] is a permanent resident within the meaning of subsection 2(1) of the…
Section 5.1 — Adoptees — minors
Subject to subsections (3) and (4), the Minister shall, on application, grant citizenship to a person who, while a minor child, was adopted by a citizen on or after January 1, 1947, was adopted…
Section 5.2 — Citizenship by way of grant under section 5.1 — grandchild of person in service abroad
A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision…
Section 6 — Rights and obligations
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…
Section 7 — No loss except as provided
A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(1)(j.1).
Section 8
[Repealed, 2008, c. 14, s. 6]
Section 9 — Renunciation of citizenship
Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a…
Section 10 — Revocation by Minister — fraud, false representation, etc.
Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained,…
Section 10.1 — Revocation for fraud — declaration of Court
Unless a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the…
Section 10.2 — Presumption
For the purposes of subsections 10(1) and 10.1(1), a person has obtained or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances if the…
Section 10.3
[Repealed, 2017, c. 14, s. 5]
Section 10.4
[Repealed, 2017, c. 14, s. 5]
Section 10.5 — Inadmissibility
On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the…
Section 10.6 — No appeal from interlocutory judgment
Despite paragraph 27(1)(c) of the Federal Courts Act , no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or 10.5(1).
Section 10.7 — No appeal unless question stated
An appeal to the Federal Court of Appeal may be made from a judgment under section 10.1 or 10.5 only if, in rendering judgment, the judge certifies that a serious question of general importance is…
Section 11 — Resumption by application
The Minister shall grant citizenship to any person who, having ceased to be a citizen, makes an application for resumption of citizenship; is not the subject of an order made under section 10, as it…
Section 12 — Application for evidence of citizenship
The Minister shall, on application by a person, determine whether they are a citizen and, if they are, subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to…
Section 13 — Applications
An application is to be accepted for processing under this Act only if all of the following conditions are satisfied: the application is made in the form and manner and at the place required under…
Section 13.1 — Suspension of processing
The Minister may suspend the processing of an application for as long as is necessary to receive any information or evidence or the results of any investigation or inquiry for the purpose of…
Section 13.2 — Abandonment of application
The Minister may treat an application as abandoned if the applicant fails, without reasonable excuse, when required by the Minister under section 23.1, in the case where the Minister requires…
Section 14 — Consideration by citizenship judge
If an application is accepted for processing and later referred to a citizenship judge because the Minister is not satisfied that the applicant meets the requirements of the following provisions, the…
Section 15 — Obligation — answer truthfully
A person who makes an application under this Act must answer truthfully all questions put to him or her that are related to the application.
Section 16
[Repealed, 2014, c. 22, s. 13]
Section 17
[Repealed, 2014, c. 22, s. 13]
Section 18
[Repealed, 2014, c. 22, s. 14]
Section 19 — Definitions
The following definitions apply in this section and sections 19.1, 19.2 and 20. Review Agency means the National Security and Intelligence Review Agency. ( Office de surveillance ) threats to the…
Section 19.1 — Appointment of a judge
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…
Section 19.2 — Referral
The Minister may refer to the person appointed under subsection 19.1(1) any case that the Review Agency has ceased to investigate under subsection 19(4.1) and, in that case, the Minister must make a…
Section 19.3 — Annual report
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…
Section 20 — Declaration by Governor in Council — security
Despite 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 21 — Periods not counted as physical presence
Despite anything in this Act, no period may be counted as a period of physical presence for the purpose of this Act during which a person, under any enactment in force in Canada, has been under a…
Section 21.1 — Representation or advice for consideration
Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under…
Section 22 — Prohibition
Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship while the person, under any enactment in force in…
Section 22.1 — Application for judicial review only with leave
An application for judicial review with respect to any matter under this Act may be made only with leave of the Court. The following provisions govern an application for leave: the application must…
Section 22.2 — Judicial review
The following provisions govern the judicial review: the judge who grants leave shall fix the day and place for a hearing; the hearing shall be held no later than 90 days after the day on which leave…
Section 22.3 — Rules
With the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to…
Section 22.4 — Inconsistency with Federal Courts Act
In the event of an inconsistency between the provisions of this Part and any provision of the Federal Courts Act , this Part prevails to the extent of the inconsistency.
Section 23 — Delegation of authority
Anything that is required to be done or that may be done by the Minister or the Minister of Public Safety and Emergency Preparedness under this Act or the regulations may be done on that Minister’s…
Section 23.1 — Additional information, evidence or appearance
The Minister may require an applicant to provide any additional information or evidence relevant to his or her application, specifying the date by which it is required. For that purpose, the Minister…
Section 23.2 — Seizure
The Minister may seize and detain any document that is provided to him or her for the purposes of this Act if he or she has reasonable grounds to believe that it was fraudulently or improperly…
Section 24 — Requirement to take oath of citizenship
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.
Section 25 — Evidence of declarations
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…
Section 26 — Citizenship judges
The Governor in Council may appoint any citizen to be a citizenship judge. In addition to his other duties set out in this Act, a citizenship judge shall perform such other duties as the Minister…
Section 27 — Regulations
The Governor in Council may make regulations [Repealed, 2014, c. 22, s. 24] respecting fees for services provided in the administration of this Act, and cases in which those fees may be waived;…
Section 27.1 — Laying of proposed regulations
The Minister shall cause a copy of each regulation proposed to be made under paragraph 27(1)(d.1) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the…
Section 27.2 — Regulations — Minister
The Minister may make regulations prescribing the manner in which and the place at which applications are to be made and notices are to be given under this Act and specifying the information and…