Citizenship Regulations (SOR/93-246)

1 [Repealed, SOR/2009-108, s. 2]

Interpretation

2 In these Regulations,

Act

Act means the Citizenship Act; (Loi)

citizenship court

citizenship court[Repealed, SOR/2009-108, s. 3]

citizenship office

citizenship office means a place where a citizenship judge or citizenship officer performs duties under the Act; (bureau de la citoyenneté)

citizenship officer

citizenship officer means a person who is authorized by the Minister in writing to perform the duties of a citizenship officer prescribed by these Regulations; (agent de la citoyenneté)

foreign service officer

foreign service officer means a Canadian diplomatic or consular officer who is accredited to carry out or is carrying out official duties in the country in which a person making an application or giving a notice pursuant to the Act resides or, if there is no such officer in that country, such an officer who is accredited to carry out or is carrying out official duties in another country; (agent du service extérieur)

Hague Convention on Adoption

Hague Convention on Adoption means the Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption that was concluded on May 29, 1993 and came into force on May 1, 1995; (Convention sur l’adoption)

parent

parent means the father or mother of a child, whether or not the child was born in wedlock, and includes an adoptive parent; (parent)

prescribed

prescribed[Repealed, SOR/2015-129, s. 1]

Registrar

Registrar means the Registrar of Canadian Citizenship; (greffier)

Regulations

Regulations means the Citizenship Regulations, No. 2. (Règlement)

Grant of Citizenship

3 [Repealed, SOR/2015-129, s. 2]

3.1 [Repealed, SOR/2015-129, s. 2]

4 [Repealed, SOR/2015-129, s. 2]

5 [Repealed, SOR/2009-108, s. 7]

5.1 The following factors are to be considered in determining whether the requirements of subsection 5.1(1) of the Act have been met in respect of the adoption of a minor child referred to in section 5 of the Regulations:

• (a) if the adoption occurred in Canada and, at the time of the adoption, the minor child was habitually resident outside Canada in a country that is a party to the Hague Convention on Adoption,

  • (i) whether the provincial authority responsible for international adoption has stated in writing that in its opinion the adoption was in accordance with the Hague Convention on Adoption and that the provincial authority does not object to the adoption, and

  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;

• (b) if the adoption occurred in Canada and, at the time of the adoption, the minor child was habitually resident outside Canada in a country that is not a party to the Hague Convention on Adoption,

  • (i) whether the provincial authority responsible for international adoption has stated in writing that it does not object to the adoption,

  • (ii) whether before the adoption, the minor child’s parent or parents, as the case may be, gave their free and informed consent in writing to the adoption,

  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,

  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

  • (v) whether the child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption;

• (c) if the adoption occurred abroad and, at the time of the adoption, the minor child was habitually resident in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is another country that is also a party to the Hague Convention on Adoption,

  • (i) whether the competent authorities responsible for international adoption in the child’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated in writing that in their opinion the adoption was in accordance with the Hague Convention on Adoption and that they do not object to the adoption, and

  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;

• (d) in all other cases,

  • (i) whether a competent authority of the country of intended destination at the time of the adoption conducted or approved a home study of the parent or parents, as the case may be, and has stated in writing that it does not object to the adoption,

  • (ii) whether before the adoption, the minor child’s parent or parents, as the case may be, gave their free and informed consent in writing to the adoption,

  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,

  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

  • (v) whether the minor child was eligible for adoption in accordance with the laws of the child’s country of habitual residence at the time of the adoption.

5.2 The following factors are to be considered in determining whether the requirements of subsection 5.1(1) of the Act have been met in respect of the adoption of a person referred to in section 6 of the Regulations:

• (a) if the adoption occurred in Canada and, at the time of the adoption, the person was habitually resident outside Canada in a country that is a party to the Hague Convention on Adoption,

  • (i) whether the provincial authority responsible for international adoption has stated in writing that in its opinion the adoption was in accordance with the Hague Convention on Adoption and that the provincial authority does not object to the adoption, and

  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;

• (b) if the adoption occurred in Canada and, at the time of the adoption, the person was habitually resident outside Canada in a country that is not a party to the Hague Convention on Adoption,

  • (i) whether the provincial authority responsible for international adoption has stated in writing that it does not object to the adoption,

  • (ii) whether before the adoption, the person’s parent or parents, as the case may be, gave their free and informed consent, in writing, to the adoption,

  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,

  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

  • (v) whether the person was eligible for adoption in accordance with the laws of the person’s country of habitual residence at the time of the adoption;

• (c) if the adoption occurred abroad and, at the time of the adoption, the person was habitually resident in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is another country that is also a party to the Hague Convention on Adoption,

  • (i) whether the competent authorities responsible for international adoption in the person’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated, in writing, that in their opinion the adoption was in accordance with the Hague Convention on Adoption and that they do not object to the adoption, and

  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;

• (d) in all other cases,

  • (i) whether a competent authority of the country of intended destination at the time of the adoption conducted or approved a home study of the parent or parents, as the case may be, and has stated in writing that it does not object to the adoption,

  • (ii) whether before the adoption, the person’s parent or parents, as the case may be, gave their free and informed consent, in writing, to the adoption,

  • (iii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption,

  • (iv) whether there is no evidence that the adoption was for the purpose of child trafficking or undue gain, and

  • (v) whether the person was eligible for adoption in accordance with the laws of the person’s country of habitual residence at the time of the adoption.

5.3 The following factors are to be considered in determining whether the requirements of subsection 5.1(2) of the Act have been met in respect of the adoption of a person referred to in section 7 of the Regulations:

• (a) if the adoption occurred in Canada,

  • (i) whether a provincial competent authority has stated, in writing, that it does not object to the adoption, and

  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption;

• (b) in all other cases,

  • (i) whether the competent authorities of the person’s country of habitual residence at the time of the adoption and in the country of the intended destination have stated, in writing, that they do not object to the adoption, and

  • (ii) whether the pre-existing legal parent-child relationship was permanently severed by the adoption.

5.4 For greater certainty, in sections 5.2 and 5.3 the reference to “Canada” is a reference to Canada further to the union of Newfoundland and Labrador with Canada, and the reference to “provincial” also includes Newfoundland and Labrador.

5.5 [Repealed, SOR/2015-129, s. 2]

6 [Repealed, SOR/2009-108, s. 13]

Renunciation of Citizenship

7 [Repealed, SOR/2015-129, s. 3]

• 7.1 (1) The Minister must approve an application made under subsections 11(1) and (2) of the Regulations if the person

  • (a) is a citizen of a country other than Canada or will become a citizen of a country other than Canada if the application is approved; and

  • (b) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability.

• (2) The Minister may waive on compassionate grounds the requirement set out in paragraph (1)(b).

• (3) If an application for renunciation is approved, the Minister must issue to the person a document attesting to the renunciation.

Revocation of Citizenship

7.2 A hearing may be held under subsection 10(4) of the Act on the basis of any of the following factors:

• (a) the existence of evidence that raises a serious issue of the person’s credibility;

• (b) the person’s inability to provide written submissions.

• (c) [Repealed, SOR/2018-264, s. 2]