Citizenship Regulations (SOR/93-246)

• 26.2 (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.

26.3 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.

• 26.4 (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.

• 26.5 (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.

• 26.6 (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.

26.7 The Minister may disclose the identity or the status of a person to the Royal Canadian Mounted Police, to any provincial or municipal police force or to any other investigative bodies with which the Minister has entered into an arrangement or agreement for the disclosure of that information.

Seizure of Documents

27 If the Minister seizes a document under section 23.2 of the Act, the Minister must provide to the person who provided the document written notice of the seizure that includes the grounds for the seizure and that states that the person may provide additional information with respect to the document.

28 The Minister may, for the purpose of the administration and enforcement of the Immigration and Refugee Protection Act, disclose to the Canada Border Services Agency, information with respect to the seized document and may provide the seized document to the Agency. The Agency may keep the seized document for the period necessary to determine whether it appears to be genuine or to have been unlawfully altered.

29 If the Minister determines that the seized document was not fraudulently or improperly obtained or used, or that its seizure is not necessary to prevent its fraudulent or improper use, the Minister must return the document to the person who provided it.

30 If the Minister determines that the seized document was obtained or used fraudulently or improperly or that the seizure is necessary to prevent its fraudulent or improper use, the document must be detained for as long as is necessary for the administration of the laws of Canada, after which it will be returned to the authority that issued it or disposed of in accordance with the laws of Canada.

Fees

• 31 (1) Subject to this section, for an application set out in column I of an item of the schedule, the fee set out in column III of that item is payable to the applicable department or officer set out in column II of that item.

• (2) No fee is payable in respect of the administration of an oath of citizenship.

• (3) No fee is payable in respect of the administration of an oath, solemn affirmation or statutory declaration where it is administered by a person employed by Her Majesty in right of Canada.

• (4) No fee is payable in respect of the replacement of a certificate where the certificate was lost, mislaid or mutilated or destroyed without lawful excuse by a court of law, a department or agency of the Government of Canada, the Royal Canadian Mounted Police or the Canadian Forces.

• (5) No fee is payable in respect of a search of the records kept in the course of the administration of the Act or prior legislation or the provision of a copy of a document from those records where the search or copy is requested by

  • (a) a department or agency of the Government of Canada or of a province;

  • (b) the Royal Canadian Mounted Police or the Canadian Forces; or

  • (c) a person who has submitted, in accordance with section 14 of the Regulations, an application for a certificate of citizenship in respect of which a determination has not yet been made.

Fee for Right to Be a Citizen

32 The fee to be paid for the right to be a citizen conferred by or on behalf of Her Majesty on a person who is eighteen years of age or over is $100 and is payable by the person at the time of making the application.

Remission

33 Remission is hereby granted of the fee paid under section 32 where the right to be a citizen is not conferred by or on behalf of Her Majesty on the person, so that the fee is refunded, by the Minister, to the person who paid it.