Citizenship Act

Version of section 5 from 2014-06-19 to 2015-06-10:

Marginal note:Grant of citizenship
  •  (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.

  • Marginal note:Residence

    (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).

  • Marginal note:Canadian Armed Forces  — permanent resident

    (1.2) Paragraph (1)(c) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who, within the period referred to in that paragraph, completed a number of years of service in the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year. However, that paragraph does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

  • Marginal note:Canadian Armed Forces  —  person attached or seconded

    (1.3) Paragraph (1)(c) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, within the period referred to in that paragraph, completed a number of years of service with the Canadian Armed Forces that is equal to the length of residence required under that paragraph less one year.

  • Marginal note:Grant of citizenship

    (2) The Minister shall grant citizenship to any person who 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.

  • Marginal note: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.

  • Marginal note:Special cases

    (4) Despite any other provision of this Act, the Minister may, in his or her discretion, grant citizenship to any person to alleviate cases of special and unusual hardship or to reward services of an exceptional value to Canada.

  • Marginal note:Statelessness — bloodline connection

    (5) The Minister shall, on application, grant citizenship to a person who

    • (a) is born outside Canada after the coming into force of this subsection;

    • (b) has a birth parent who was a citizen at the time of the birth;

    • (c) is less than 23 years of age;

    • (d) has resided in Canada for at least three years during the four years immediately before the date of his or her application;

    • (e) has always been stateless; and

    • (f) has not been convicted of any of the following offences:

      • (i) a terrorism offence, as defined in section 2 of the Criminal Code,

      • (ii) an offence under section 47, 51 or 52 of the Criminal Code,

      • (iii) an offence under subsection 5(1) or any of sections 6 and 16 to 22 of the Security of Information Act, or

      • (iv) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in subparagraph (ii) or (iii).

  • Marginal note:No oath required

    (6) A person who is granted citizenship under subsection (5) is not required to take the oath of citizenship.

  • 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);
  • 2008, c. 14, s. 4;
  • 2014, c. 22, s. 3.
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