PART V.1Judicial Review
Marginal note:Application for judicial review only with leave
Marginal note:Application for leave
(2) The following provisions govern an application for leave:
(a) the application must be filed in the Registry of the Court and served on the other party within 30 days after the day on which the applicant is notified of or otherwise becomes aware of the matter;
(b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application;
(c) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and
(d) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory decision.
Marginal note:Application by Minister
(3) The Minister may make an application in respect of a decision of a citizenship judge.
- 2014, c. 22, s. 20
Marginal note:Judicial review
22.2 The following provisions govern the judicial review:
(a) the judge who grants leave shall fix the day and place for a hearing;
(b) the hearing shall be held no later than 90 days after the day on which leave is granted and, unless the parties agree otherwise, no earlier than 30 days after that day;
(c) the judge shall dispose of the application without delay and in a summary way; and
(d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.
- 2014, c. 22, s. 20
22.3 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 applications for leave to commence an application for judicial review, applications for judicial review and appeals. The rules are binding despite any rule or practice that would otherwise apply.
- 2014, c. 22, s. 20
Marginal note:Inconsistency with Federal Courts Act
- 2014, c. 22, s. 20
Marginal note:Delegation of authority
23 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 behalf by any person authorized by that Minister in writing to act on that Minister’s behalf without proof of the authenticity of the authorization.
- R.S., 1985, c. C-29, s. 23
- 2014, c. 22, s. 21
Marginal note:Additional information, evidence or appearance
23.1 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 may require the applicant to appear in person or by any means of telecommunication to be examined before the Minister or before a citizenship judge, specifying the time and the place — or the time and the means — for the appearance.
- 2014, c. 22, s. 22
23.2 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 obtained or used or that the measure is necessary to prevent its fraudulent or improper use.
- 2017, c. 14, s. 11
Marginal note: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
Marginal note:Evidence of declarations
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.
Marginal note:Proof of certificates or other documents
(2) A certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation may be proved in any legal proceeding by the production of the original certificate or document or of a document that is certified by the Minister as bearing the same information.
- R.S., 1985, c. C-29, s. 25
- 2014, c. 22, s. 23
Marginal note:Citizenship judges
(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
(a) [Repealed, 2014, c. 22, s. 24]
(b) respecting fees for services provided in the administration of this Act, and cases in which those fees may be waived;
(c) providing for the remission of fees referred to in paragraph (b);
(c.1) providing for the circumstances in which an unfulfilled condition referred to in paragraph 5(1)(c), (2)(b) or 11(1)(d) need not be fulfilled;
(d) providing for various criteria that may be applied to determine whether a person
(d.1) providing for the factors to be considered in determining whether the requirements set out in section 5.1 are met;
(d.2) providing for the circumstances in which the Minister shall determine that any of the requirements of subsections 5.1(1) and (2) are met;
(d.3) providing for the circumstances in which a review of an application under section 5.1 is suspended;
(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 declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;
(i.1) respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;
(i.2) prescribing the procedures to be followed in relation to a document that may be seized under section 23.2, including in relation to its seizure, storage, return and disposition;
(j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization and certificates of renunciation issued or granted under this Act or prior legislation and of documents provided under paragraph 12(1)(b) or (2)(b) if there is reason to believe that their holder may not be entitled to them or has contravened any of the provisions of this Act;
(j.1) providing for the renunciation of citizenship by persons
(i) who are citizens under paragraph 3(1)(f) or (g),
(ii) who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), or
(iii) who are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9);
(j.2) prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);
(k) providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;
(k.1) providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;
(k.2) providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act;
(k.3) providing for the disclosure of information to verify the citizenship status or identity of any person for the purposes of administering any federal or provincial law or law of another country;
(k.4) providing for the disclosure of information for the purposes of cooperation within the Government of Canada and between the Government of Canada and the government of a province;
(k.5) respecting the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications;
(k.6) establishing a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (k.7) and setting the amounts of those administrative monetary penalties;
(k.7) designating as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act;
(k.8) prohibiting acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (k.7);
(k.9) providing for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (k.7); and
(l) generally, to carry out the purposes and provisions of this Act.
(2) Regulations made under paragraphs (1)(k.1) to (k.5) may include conditions under which the collection, retention, use, disposal and disclosure may be made.
Marginal note:Right to request review
(3) Any regulation made under paragraph (1)(k.6) must provide that a person referred to in any of subsections 21.1(2) to (4) who is the subject of a notice of violation has the right to request, from a person appointed under subsection (4), a review of the notice or of the penalty imposed.
Marginal note:Appointment — order
(4) The Governor in Council may, by order, appoint one or more citizens or permanent residents, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)(k.6) and to perform any other function conferred on them by a regulation made under that paragraph.
(5) A person appointed by order under subsection (4) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time.
- R.S., 1985, c. C-29, s. 27
- 2007, c. 24, s. 3
- 2008, c. 14, s. 12
- 2013, c. 33, s. 170
- 2014, c. 22, s. 24
- 2015, c. 9, s. 10
- 2017, c. 14, s. 12
- 2019, c. 29, s. 294
- Date modified: