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Citizenship Regulations (SOR/93-246)

Regulations are current to 2023-01-11 and last amended on 2018-12-05. Previous Versions

Knowledge of Canada and Citizenship Criteria (continued)

 [Repealed, SOR/2009-108, s. 19]

Ceremonial Procedures of Citizenship Judges

  •  (1) The ceremonial procedures to be followed by citizenship judges shall be appropriate to impress on new citizens the responsibilities and privileges of citizenship and, without limiting the generality of the foregoing, a citizenship judge shall, during a ceremony held for the presentation of certificates of citizenship,

    • (a) emphasize the significance of the ceremony as a milestone in the lives of the new citizens;

    • (b) subject to subsection 22(1), administer the oath of citizenship with dignity and solemnity, allowing the greatest possible freedom in the religious solemnization or the solemn affirmation thereof;

    • (c) personally present certificates of citizenship, unless otherwise directed by the Minister; and

    • (d) promote good citizenship, including respect for the law, the exercise of the right to vote, participation in community affairs and intergroup understanding.

  • (2) Unless the Minister otherwise directs, a certificate of citizenship issued to a person who has been granted citizenship under subsection 5(l) of the Act shall be presented at a ceremony described in subsection (l).

 [Repealed, SOR/2009-108, s. 20]

Oath of Citizenship

  •  (1) Subject to subsection 5(3) of the Act and section 22 of these Regulations, a person who has been granted citizenship under subsection 5(1) of the Act shall take the oath of citizenship by swearing or solemnly affirming it before a citizenship judge.

  • (2) Unless the Minister otherwise directs, the oath of citizenship shall be taken at a citizenship ceremony.

  • (3) If a person is to take the oath of citizenship at a citizenship ceremony, a certificate of citizenship shall be forwarded by the Registrar to a citizenship officer of the appropriate citizenship office, who shall notify the person of the date, time and place at which the person is to appear before the citizenship judge to take the oath of citizenship and receive the person’s certificate of citizenship.

  • SOR/2009-108, s. 21(E)
  •  (1) Subject to subsection 5(3) of the Act and section 22 of these Regulations, a person who is 14 years of age or older on the day on which the person is granted citizenship under subsection 5(2) or (4) or 11(1) of the Act shall take the oath of citizenship by swearing or solemnly affirming it

    • (a) before a citizenship judge, if the person is in Canada; or

    • (b) before a foreign service officer, if the person is outside Canada.

  • (2) Where a person is to take the oath of citizenship pursuant to subsection (1), the Registrar shall forward a certificate of citizenship to

    • (a) if the oath is to be taken in Canada, a citizenship officer of the citizenship office that the Registrar considers appropriate in the circumstances; or

    • (b) if the oath is to be taken in another country, a foreign service officer in that country.

  • (3) A citizenship officer or foreign service officer mentioned in paragraph (2)(a) or (b) shall notify the person of the date, time and place at which the person is to appear and take the oath of citizenship.

  • SOR/2009-108, s. 22(E)
  • SOR/2015-129, s. 5

 Subject to section 22, a person who takes the oath of citizenship pursuant to subsection 19(1) or 20(1) shall, at the time the person takes it, sign a certificate in prescribed form certifying that the person has taken the oath, and the certificate shall be countersigned by the citizenship officer or foreign service officer who administered the oath and forwarded to the Registrar.

  •  (1) The Minister or a person authorized by the Minister in writing to act on the Minister’s behalf may administer the oath of citizenship to any person who has been granted citizenship and, in such case, the Registrar shall make all necessary arrangements for the purpose of administering the oath.

  • (2) Where the Minister or a person authorized by the Minister in writing to act on the Minister’s behalf administers the oath of citizenship, a citizenship officer who is authorized to do so by the Registrar shall countersign the certificate and forward it to the Registrar.

  • SOR/94-442, s. 4

 [Repealed, SOR/2014-186, s. 2]

Oaths, Solemn Affirmations and Declarations

 Subject to sections 19 to 22, any oath, solemn affirmation or declaration that is made for the purposes of the Act or these Regulations may be taken before

  • (a) the Registrar, a citizenship judge, a citizenship officer, a commissioner for taking oaths, a notary public or a justice of the peace, if made in Canada; or

  • (b) a foreign service officer, a judge, a magistrate, an officer of a court of justice or a commissioner authorized to administer oaths in the country in which the person is living, if made outside Canada.

Replacement, Surrender and Cancellation of Certificates

  •  (1) Subject to subsection (2), no person shall hold

    • (a) more than one valid

      • (i) certificate of naturalization or certificate of citizenship, and

      • (ii) miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph; or

    • (b) more than one certificate of renunciation.

  • (2) Where a person is included in a certificate of naturalization that relates to more than one person, the person may also hold a certificate of citizenship.

  • (3) When a person who has been granted or issued a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph makes an application for a certificate of citizenship under section 14 of the Regulations, the person shall surrender all certificates referred to in paragraph (1)(a) that are in the person’s possession to a citizenship officer or foreign service officer at the time the application is filed or at the time the new certificate is received.

  • (4) [Repealed, SOR/2015-129, s. 6]

  • (5) When a person who has been issued a certificate of renunciation makes an application for another certificate, the person shall surrender the previously issued certificate to a citizenship officer or foreign service officer at the time the application is filed or at the time the new certificate is received.

  • (6) and (7) [Repealed, SOR/2015-129, s. 6]

  • SOR/2015-129, s. 6
  •  (1) The Registrar shall, in writing, require a person to surrender to the Registrar any certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the person’s photograph, or certificate of renunciation, issued or granted to the person under the Act or prior legislation or any regulations made under them if there is reason to believe that the person may not be entitled to the certificate or has violated any of the provisions of the Act, and the person shall forthwith comply with the requirement.

  • (2) If the Registrar becomes aware that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate of citizenship that contains the holder’s photograph, or certificate of renunciation, contravened any provision of the Act, the Registrar shall cause to be retained any certificate surrendered to the Registrar by that person until that certificate is no longer required as evidence in any legal proceedings that may be instituted in consequence of the alleged contravention.

  • (3) Where the Minister has determined that the holder of a certificate of naturalization, certificate of citizenship, miniature certificate of citizenship or other certificate that contains the holder’s photograph, or certificate of renunciation, issued or granted under the Act or prior legislation or any regulations made thereunder is not entitled to the certificate, the Registrar shall cancel the certificate.

  • (4) The Registrar shall forthwith return the certificate to the person where the Minister has determined that the person is entitled to the certificate.

  • SOR/2015-129, s. 7

Disclosure of Information

 If the Minister determines that the conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) of the Act in connection with a proceeding — other than a proceeding before a superior court — or application under the Act is likely to constitute a breach of the person’s professional or ethical obligations, the Minister may disclose the following information about that person to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct:

  • (a) their name, postal address, telephone number, fax number and email address;

  • (b) the name of the professional body of which they are a member and their membership identification number;

  • (c) any information relating to that conduct, but — in the case of any information that could identify any other person — only to the extent necessary for the complete disclosure of that conduct.

  • SOR/2015-129, s. 8
  •  (1) A body that is designated under subsection 21.1(5) of the Act must provide to the Minister, within 90 days after the end of each of its fiscal years, the following information and documents:

    • (a) its most recent annual report;

    • (b) its most recent financial statement and the auditor’s report on that financial statement;

    • (c) its instrument of incorporation, with an indication of any changes that have been made to that document since the last time it provided that document to the Minister in accordance with this section;

    • (d) its by-laws, with an indication of any changes that have been made to those by-laws since the last time it provided them to the Minister in accordance with this section;

    • (e) the minutes of each of the general meetings of its members that has been held during its last completed fiscal year;

    • (f) the terms of reference of its board of directors, if any, with an indication of any changes that have been made to those terms of reference since the last time they were provided to the Minister in accordance with this section;

    • (g) the conflict of interest code for its directors, if any, with an indication of any changes that have been made to that code since the last time it provided the code to the Minister in accordance with this section;

    • (h) the name, professional qualifications and term of office of each of its directors, with any change in the board of director’s composition that has occurred since the last time it provided the names of its directors to the Minister in accordance with this section;

    • (i) the minutes of each meeting of its board of directors that has been held during its last completed fiscal year;

    • (j) the name, terms of reference and composition of each of its executive committees, if any, as well as the name and professional qualifications of each of their members;

    • (k) the minutes of each meeting of its executive committees, if any, that has been held during its last completed fiscal year;

    • (l) any sums disbursed to its directors and officers as remuneration and any cash benefits or financial advantages granted to them during its last completed fiscal year;

    • (m) the name and membership number of each of its members;

    • (n) the rules that govern the conduct of its members, with an indication of any changes that have been made to those rules since the last time they were provided to the Minister in accordance with this section;

    • (o) information, made anonymous, concerning the number and type of any complaints that it received during its last completed fiscal year in relation to the conduct of any of its members, including the distribution of those complaints by type, country of origin and, in the case of Canada, province of origin, the measures that it took to deal with those complaints and any decision that it rendered and sanction that it imposed as a consequence of those complaints;

    • (p) information in aggregate form, made anonymous, concerning any investigation by it, during its last completed fiscal year, into the conduct of any of its members if that conduct likely constitutes a breach of their professional or ethical obligations;

    • (q) the amount of any fees charged by it to its members, including its membership fees, with any change in those fees that has occurred since the last time that information was provided to the Minister in accordance with this section;

    • (r) the nature and amount of its entertainment, hospitality, meal, transport, accommodation, training and incidental expenses, if any, that were incurred by any person with respect to the body during its last completed fiscal year, as well as the name of the person;

    • (s) any training requirements that it imposes on its members; and

    • (t) information concerning any training made available by it to its members during its last completed fiscal year, including

      • (i) the professional qualifications required of trainers,

      • (ii) the identification of the mandatory courses from among those on offer,

      • (iii) any evaluation methods and applicable completion standards, and

      • (iv) the name and professional qualifications of each trainer.

  • (2) If the ability of the designated body to govern its members in a manner that is in the public interest so that they provide professional and ethical representation and advice appears to be compromised, the body must provide to the Minister — within 10 business days after the day on which the body receives from the Minister a notice indicating the existence of such a situation and setting out any information or documents from among those referred to in paragraphs (1)(c) to (t) that are necessary to assist the Minister to evaluate whether the body governs its members in a manner that is in the public interest so that they provide professional and ethical representation and advice — the information or documents set out in the notice.

  • (3) The information and documents referred to in subsections (1) and (2) may be provided in redacted form to exclude from them information that is subject to litigation privilege or solicitor-client privilege or, in civil law, to immunity from disclosure or professional secrecy of advocates and notaries.

  • (4) Any information or document referred to in subsection (1) or (2) may be provided to the Minister by electronic means.

  • SOR/2015-129, s. 8

 The Minister may disclose information with respect to the citizenship status of a person to any department or agency of the government of Canada or of a province with which the Minister has entered into an arrangement or agreement for the disclosure of the information for the purpose of determining the person’s eligibility for a benefit or program.

  • SOR/2015-129, s. 8
  •  (1) The Minister may disclose information with respect to the loss of citizenship of a person or the cancellation of any certificate set out in subsection 26(3) to any department or agency of the government of Canada or of a province with which the Minister has entered into an arrangement or agreement for the disclosure of the information.

  • (2) If the loss of the person’s citizenship occurred as a result of false representation, fraud or concealment of material circumstances, the Minister may disclose to departments and agencies of the government of Canada or of a province any relevant information related to the false representation, fraud or concealment of material circumstances, as the case may be.

  • SOR/2015-129, s. 8
  •  (1) The Minister may disclose within his or her own department any information obtained through the management of the citizenship program for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act and the laws respecting passports and other travel documents.

  • (2) The Minister may disclose to the Department of Employment and Social Development and to the Canada Border Services Agency any information obtained through the management of the citizenship program for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act and the laws respecting passports and other travel documents if the Minister has entered into an arrangement with that Department or Agency for the disclosure of the information.

  • SOR/2015-129, s. 8
  •  (1) The Minister may require an applicant to provide their social insurance number, if any, in any application made under subsection 5(1) or 11(1) of the Act.

  • (2) The Minister may disclose the following information to the Canada Revenue Agency if the Minister has entered into an arrangement with the Agency for the disclosure of the information:

    • (a) the social insurance number of an applicant for the purposes of verifying whether the applicant has complied with the requirements set out in paragraphs 5(1)(c) and (1.2)(b) and 11(1)(d) and (1.1)(b) of the Act; and

    • (b) any relevant information related to any discrepancies between the information obtained from the applicant and that provided by the Agency if there are reasonable grounds to believe that the discrepancy is a result of false representation, fraud or concealment of material circumstances made in the course of an application, as well as any personal information, including the social insurance number, of an applicant that the Agency is authorized to collect for the purpose of the administration of its programs and the enforcement of the legislation for which it is responsible.

  • SOR/2015-129, s. 8
 
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