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Citizenship Regulations, No. 2 (SOR/2015-124)

Regulations are current to 2024-03-06 and last amended on 2017-10-11. Previous Versions

Grant of Citizenship (continued)

Marginal note:Application under subsection 5.1(3) of Act — 18 years of age or more

 An application made under subsection 5.1(3) of the Act by a person who is 18 years of age or more on the day on which the application is made must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

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

  • (b) evidence that establishes that the parent of the person became a citizen on January 1, 1947, if the decision in respect of the adoption was made abroad before that date, or that the parent of the person was a citizen at the time of that decision in the case of an adoption that took place on or after January 1, 1947;

  • (c) evidence that establishes that the decision in respect of the adoption was made abroad;

  • (d) two photographs of the person in the format specified on the prescribed form; and

  • (e) evidence that establishes that the person has paid the fees required under sections 31 and 32 of the Regulations.

Renunciation of Citizenship

Marginal note:Application under subsection 9(1) of Act

 An application made under subsection 9(1) of the Act, other than an application referred to in section 11, must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

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

  • (b) evidence that establishes the applicant’s citizenship;

  • (c) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one;

  • (d) evidence that establishes the applicant’s place of residence;

  • (e) a photograph of the applicant in the format specified on the prescribed form; and

  • (f) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

Marginal note:Application to renounce — paragraph 3(1)(b) of Act

  •  (1) An application to renounce the citizenship conferred by the Act on a person referred to in paragraph 3(1)(b) of the Act, for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) of the Act, and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act must be

    • (a) made in the prescribed form; and

    • (b) filed in the manner determined by the Minister together with the following information and materials:

      • (i) evidence that establishes the date and place of birth of the person in respect of whom the application is made,

      • (ii) evidence that establishes that the person is a person referred to in paragraph 3(1)(b) of the Act, for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) of the Act, and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act,

      • (iii) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one, and

      • (iv) a photograph of the person in the format specified on the prescribed form.

  • Marginal note:Application to renounce — paragraph 3(1)(f) or (g) of Act

    (2) An application to renounce the citizenship conferred by the Act on a person referred to in paragraph 3(1)(f) or (g) of the Act or on a person referred to in any of paragraphs 3(1)(k) to (r) of the Act who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act, must be

    • (a) made in the prescribed form; and

    • (b) filed in the manner determined by the Minister together with the following information and materials:

      • (i) evidence that establishes the date and place of birth of the person in respect of whom the application is made,

      • (ii) evidence that establishes that the person is a person referred to in paragraph 3(1)(f) or (g) of the Act, or a person referred to in any of paragraphs 3(1)(k) to (r) of the Act and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act,

      • (iii) an official document of a country other than Canada, or other evidence, that establishes that the applicant is a citizen of that country or, if the application is approved, will become one, and

      • (iv) a photograph of the person in the format specified on the prescribed form.

Resumption of Citizenship

Marginal note:Application under subsection 11(1) of the Act

  •  (1) An application made under subsection 11(1) of the Act must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

    • (a) evidence that establishes the applicant’s date and place of birth;

    • (b) evidence that establishes that the applicant was a citizen but has ceased to be one;

    • (c) any document created by Canadian immigration authorities, or other evidence, that establishes the date on which the applicant became a permanent resident;

    • (d) evidence that establishes that the applicant meets the requirements set out in subparagraph 11(1)(d)(i) of the Act;

    • (e) whichever of the following numbers that was most recently issued to the applicant:

      • (i) a social insurance number,

      • (ii) an individual tax number assigned to them by the Canada Revenue Agency, or

      • (iii) a temporary tax number assigned to them by the Canada Revenue Agency;

    • (f) if the applicant has one of the numbers referred to in subparagraphs (e)(i) to (iii), evidence that establishes that the applicant consents to the sharing of their tax information by the Canada Revenue Agency with the Minister;

    • (g) if an applicant does not have one of the numbers referred to in subparagraphs (e)(i) to (iii), a declaration stating that they do not have such a number and were not required to file a return of income under the Income Tax Act for the taxation year before the day on which the application is made;

    • (h) two photographs of the applicant in the format specified on the prescribed form; and

    • (i) evidence that establishes that the applicant has paid the fees required under sections 31 and 32 of the Regulations.

  • Marginal note:Application under subsection 11(1) of Act — Canadian Forces member

    (2) An application made under subsection 11(1) of the Act by a permanent resident who is a member or a former member of the Canadian Forces must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

    • (a) evidence that establishes the applicant’s date and place of birth;

    • (b) evidence that establishes that the applicant was a citizen but has ceased to be one;

    • (c) any document created by Canadian immigration authorities, or other evidence, that establishes the date on which the applicant became a permanent resident;

    • (d) evidence that establishes that the applicant has completed at least six months of service in the Canadian Forces during the two years before the day on which the application is made;

    • (e) whichever of the following numbers that was most recently issued to the applicant:

      • (i) a social insurance number,

      • (ii) an individual tax number assigned to them by the Canada Revenue Agency, or

      • (iii) a temporary tax number assigned to them by the Canada Revenue Agency;

    • (f) evidence that establishes that the applicant consents to the sharing of their tax information by the Canada Revenue Agency with the Minister;

    • (g) if the applicant was released from the Canadian Forces, evidence that establishes that the applicant was released honourably;

    • (h) two photographs of the applicant in the format specified on the prescribed form; and

    • (i) evidence that establishes that the applicant has paid the fees required under sections 31 and 32 of the Regulations.

  • Marginal note:Application under subsection 11(1) of Act — Canadian Forces

    (3) An application made under subsection 11(1) of the Act by an applicant who is or was attached or seconded to the Canadian Forces must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

    • (a) evidence that establishes the applicant’s date and place of birth;

    • (b) evidence that establishes that the applicant was a citizen but has ceased to be one;

    • (c) two photographs of the applicant in the format specified on the prescribed form;

    • (d) evidence that establishes that the applicant has completed at least six months of service in the Canadian Forces during the two years before the day on which the application is made; and

    • (e) evidence that establishes that the applicant has paid the fees required under sections 31 and 32 of the Regulations.

Marginal note:Subsection 11(2) of Act

  •  (1) For the purposes of subsection 11(2) of the Act, a woman may give notice in writing to the Minister in the manner determined by the Minister, together with the evidence that she has that relates to the following:

    • (a) her date and place of birth;

    • (b) the date and place of her marriage;

    • (c) her nationality immediately before her marriage;

    • (d) the nationality of her husband at the time of their marriage; and

    • (e) any nationality acquired by her husband since their marriage.

  • Marginal note:Inquiry

    (2) If the Minister does not receive, together with the notice, evidence that establishes whether a woman meets the requirements of subsection 11(2) of the Act, the Minister must without delay contact the woman and make all reasonable inquiries in an endeavour to obtain such evidence.

Certificates

Marginal note:Application under subsection 12(1) of Act

 An application for a certificate of citizenship by a citizen made under subsection 12(1) of the Act must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

  • (a) evidence that establishes that the applicant is a citizen;

  • (b) two photographs of the applicant in the format specified on the prescribed form; and

  • (c) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

Replacement of Certificates

Marginal note:Subsection 25(3) of Regulations

  •  (1) For the purposes of subsection 25(3) of the Regulations, the person referred to in that subsection must indicate in their application the reason why they desire another certificate of citizenship.

  • Marginal note:Details of loss or destruction

    (2) If an application is made for reasons of loss or destruction in respect of any of the certificates referred to in subsection 25(3) of the Regulations, the applicant must provide the details of the loss or destruction.

  • Marginal note:Minister may require

    (3) The Minister may require the applicant to provide evidence that establishes that the issuance of the certificate will not contravene subsection 25(1) of the Regulations.

Marginal note:Subsection 25(5) of Regulations

  •  (1) For the purposes of subsection 25(5) of the Regulations, the person referred to in that subsection must set out in the application the reasons why they desire another certificate.

  • Marginal note:Details of loss or destruction

    (2) If an application is made for reasons of loss or destruction of the previously issued certificate, the applicant must provide the details of the loss or destruction.

  • Marginal note:Minister may require

    (3) The Minister may require the applicant to provide the Minister with evidence that establishes that the issuance of the certificate will not contravene subsection 25(1) of the Regulations.

Delivery of Revocation Notices

Marginal note:Delivery

  •  (1) The notice referred in subsection 10(3) of the Act and the decision referred to in subsection 10(5) of the Act may be delivered by hand, by mail or by electronic means.

  • Marginal note:Personal delivery

    (2) Delivery of a document to an individual by hand is effected by delivering it

    • (a) to the individual or to a person who has attained 18 years of age and who is present at the individual’s last known address; or

    • (b) if the individual is a minor, to the individual’s parent or to any other person having lawful custody of the minor or to a person who has attained 18 years of age who is present at the last known address of the parent or the person having lawful custody.

  • Marginal note:Delivery by mail

    (3) Delivery of a document to an individual by regular mail is effected by sending it by regular mail to the individual’s last known address or, if the individual is a minor, to the last known address of the individual’s parent or of any other person having lawful custody.

  • Marginal note:Delivery by electronic means

    (4) Delivery of a document to an individual by electronic means is effected by sending it to the individual’s last known electronic address or, if the individual is a minor, by sending it to the last known electronic address of the minor’s parent or the person having lawful custody of the minor.

  • SOR/2017-191, s. 5

Search of Records

Marginal note:Search of the records

 An application for a search of the records kept in the course of the administration of the Act or prior legislation must be made in prescribed form and filed in the manner determined by the Minister, together with evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

Representatives and Advisors

Marginal note:Purposes of subsection 21.1(5) of Act

 For the purposes of subsection 21.1(5) of the Act, the ICCRC is designated as a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Act.

Marginal note:Person not authorized under subsections 21.1 (2) to (4) of Act

 If an applicant is represented or advised for consideration in connection with a proceeding or application under the Act by a person who is not referred to in subsections 21.1 (2) to (4) of the Act the application will be returned to the applicant because it is not accepted into processing.

Transitional Measure

Marginal note:Representative or advisor

 A person who represents or advises for consideration another person who has made an application under the Act that is received by the Minister before the day on which section 21.1 of the Act comes into force is deemed for the purposes of only that application and that section 21.1 to be a member in good standing of the ICCRC for a period of four years beginning on the day on which that section 21.1 comes into force or until one of the following occurs:

  • (a) the application is returned to the applicant because it was not accepted for processing;

  • (b) the application is approved, refused, withdrawn or treated as abandoned;

  • (c) the applicant ceases to be represented by that person;

  • (d) the person becomes a person referred to in any of subsections 21.1(2) to (4) of the Act; or

  • (e) the applicant notifies the Minister in the prescribed form that they are represented by a person referred to in any of subsections 21.1(2) to (4) of the Act.

 

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