Citizenship Regulations, No. 2

Link to law: http://laws-lois.justice.gc.ca/eng/regulations/SOR-2015-124/FullText.html

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Citizenship Regulations, No. 2

SOR/2015-124CITIZENSHIP ACT
Registration 2015-06-01
Citizenship Regulations, No. 2The Minister of Citizenship and Immigration, pursuant to subsections 21.1(5) and (7)Footnote a and section 27.2Footnote b of the Citizenship ActFootnote c, makes the annexed Citizenship Regulations, No. 2.

Return to footnote aS.C. 2014, c. 22, s. 18
Return to footnote bS.C. 2014, c. 22, s. 26
Return to footnote cR.S., c. C-29

Ottawa, May 28, 2015
CHRIS ALEXANDER
Minister of Citizenship and ImmigrationInterpretation

Marginal note:Definitions

1 The following definitions apply in these Regulations.

Act
Loi

Act means the Citizenship Act. (Loi)

ICCRC
CRCIC

ICCRC means the Immigration Consultants of Canada Regulatory Council, incorporated under Part II of the Canada Corporations Act on February 18, 2011. (CRCIC)

legal guardian
tuteur

legal guardian in respect of a child who has not attained the age of 18 years, means a person who has custody of the child or who is empowered to act on the child’s behalf by virtue of a court order or written agreement or by operation of law. (tuteur)

parent
parent

parent has the same meaning as in section 2 of the Regulations. (parent)

permanent resident
résident permanent

permanent resident has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act. (résident permanent)

prescribed form
formule prescrite

prescribed form means the form prescribed under section 28 of the Act. (formule prescrite)

Regulations
règlement

Regulations means the Citizenship Regulations. (règlement)

Grant of Citizenship

Marginal note:Application under subsection 5(1) of Act

2 (1) An application made under subsection 5(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) any document created by the Canadian immigration authorities, or other evidence, that establishes the date on which the applicant became a permanent resident;
(c) evidence that establishes that the applicant meets the requirements set out in subparagraphs 5(1)(c)(i) and (ii) of the Act;

(d) 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;

(e) if the applicant has one of the numbers referred to in subparagraphs (d)(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;
(f) if an applicant does not have one of the numbers referred to in subparagraphs (d)(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 each of the taxation years that are fully or partially within the six years before the day on which their application is made;
(g) evidence that establishes that the applicant, if they are under 65 years of age on the day on which the application is made, has an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that establishes that the applicant meets the criteria set out in section 14 of the Regulations;
(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 5(1) of Act — Canadian Forces members

(2) An application made under subsection 5(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) any document created by Canadian immigration authorities, or other evidence, that establishes the date on which the applicant became a permanent resident;
(c) evidence that establishes that the applicant has completed at least three years of service in the Canadian Forces during the six years before the day on which their application is made;

(d) 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;

(e) evidence that establishes that the applicant consents to the sharing of their tax information by the Canada Revenue Agency with the Minister;
(f) if the applicant was released from the Canadian Forces, evidence that establishes that they were released honourably;
(g) evidence that demonstrates that the applicant, if under 65 years of age on the day on which their application is made, has an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that establishes that the applicant meets the criteria set out in section 14 of the Regulations;
(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 5(1) of Act — Canadian Forces

(3) An application made under subsection 5(1) of the Act by a person 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 has completed at least three years of service in the Canadian Forces during the six years before the day on which the application is made;
(c) evidence that establishes that the applicant, if they are under 65 years of age on the day on which the application is made, has an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that establishes that the applicant meets the criteria set out in section 14 of the Regulations;
(d) two photographs of the applicant in the format specified on the prescribed form; and
(e) evidence that establishes that the applicant has paid the fees required under sections 31 and 32 of the Regulations.

Marginal note:Application under subsection 5(5) of Act

3 (1) Subject to subsection (2), an application made under subsection 5(5) 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) a birth certificate of the person in respect of whom the application is made or, if unobtainable, other evidence that establishes the person’s date and place of birth;
(b) evidence that establishes that a birth parent of the person was a citizen at the time of the person’s birth;
(c) evidence that establishes that the person has met the requirements set out in paragraph 5(5)(d) of the Act;
(d) evidence that establishes that the person has always been stateless; and
(e) two photographs of the person in the format specified on the prescribed form.

Marginal note:Application on behalf of minor child

(2) An application referred to in subsection (1) that is made on behalf of a minor child must comply with the requirements of paragraphs 4(a) and (b) and be made in the prescribed form and filed in the manner determined by the Minister, together with the information and materials referred to in subsection (1) and subparagraphs 4(c)(iii) and (vi).

Marginal note:Application under subsection 5(2) of Act

4 An application made under subsection 5(2) of the Act on behalf of a minor child must be

(a) made in the prescribed form by either parent, by a legal or de facto guardian or by any other person having custody of the child, whether by virtue of an order of a court of competent jurisdiction, a written agreement or the operation of law;
(b) countersigned by the child, if the child has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability; and

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

(i) evidence that establishes the child’s date and place of birth,
(ii) evidence that establishes that the child is the child of a citizen,
(iii) if the applicant is not the child’s parent, a certified copy of an order of a court of competent jurisdiction or of a written agreement, or other evidence, that establishes that the applicant has the custody of the child,
(iv) any document created by the Canadian immigration authorities, or other evidence, that establishes the date on which the child became a permanent resident,
(v) if the child has attained the age of 14 years on or before the day on which the application is made, evidence that establishes that the child has an adequate knowledge of one of the official languages of Canada, including language test results or other evidence that establishes that the child meets the criteria set out in section 14 of the Regulations,
(vi) if the child has attained the age of 14 years on or before the day on which the application is made and has not countersigned it, evidence that establishes that the child is prevented from understanding the significance of the application because of a mental disability,
(vii) two photographs of the child in the format specified on the prescribed form, and
(viii) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

Marginal note:Application under subsection 5.1(1) of Act — minor child

5 An application made under subsection 5.1(1) of the Act on behalf of a child who is a minor on the day on which the application is made must be

(a) made in the prescribed form by a parent of the child or a legal guardian of the child;
(b) countersigned by the child if the child has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability; and

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

(i) a birth certificate of the child or, if unobtainable, other evidence that establishes the child’s date and place of birth,
(ii) evidence that establishes that a parent of the child was a citizen at the time of the adoption,
(iii) in the case of an application made by a non-citizen parent or a legal guardian, a certified copy of an order of a court of competent jurisdiction, or other evidence, that establishes that the applicant is a parent or legal guardian of the child,
(iv) if the child has attained the age of 14 years on or before the day on which the application is made and has not countersigned it, evidence that establishes that the child is prevented from understanding the significance of the application because of a mental disability,
(v) evidence that establishes that the adoption took place on or after January 1, 1947 and while the child was a minor,
(vi) two photographs of the child in the format specified on the prescribed form, and
(vii) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

Marginal note:Application under subsection 5.1(1) of Act — 18 years of age or more

6 An application made under subsection 5.1(1) 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, in the case of a person who was adopted on or after January 1, 1947, that the parent of the person was a citizen at the time of the adoption or, if the person was adopted before January 1, 1947, that the parent of the person became a citizen on that date or, in the case of a person who was adopted before April 1, 1949, that the parent of the person became a citizen on that date further to the union of Newfoundland and Labrador with Canada;
(c) evidence that establishes that the adoption took place while the person was a minor;
(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.

Marginal note:Application under subsection 5.1(2) of Act

7 An application made under subsection 5.1(2) of the Act by a person who was adopted when they were 18 years of age or older 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, in the case of a person who was adopted on or after January 1, 1947, that the parent of the person was a citizen at the time of the adoption or, if the person was adopted before January 1, 1947, that the parent of the person became a citizen on that date or, in the case of a person who was adopted before April 1, 1949, that the parent of the person became a citizen on that date further to the union of Newfoundland and Labrador with Canada;
(c) evidence that establishes that the adoption took place while the person was 18 years of age or older;
(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.

Marginal note:Application under subsection 5.1(3) of Act — minor child

8 An application made under subsection 5.1(3) of the Act on behalf of a child who is a minor on the date of the application must be

(a) made in the prescribed form by a parent of the child or a legal guardian of the child;
(b) countersigned by the child if the child has attained the age of 14 years on or before the day on which the application is made and is not prevented from understanding the significance of the application because of a mental disability;

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

(i) a birth certificate of the child or, if unobtainable, other evidence that establishes the child’s date and place of birth,
(ii) evidence that establishes that a parent of the child was a citizen at the time the decision was made abroad in respect of the adoption,
(iii) in the case of an application made by a non-citizen parent or a legal guardian, a certified copy of an order of a court of competent jurisdiction, or other evidence, that establishes that the applicant is a parent or legal guardian of the child,
(iv) if the child has attained the age of 14 years on or before the day on which the application is made and has not countersigned it, evidence that establishes that the child is prevented from understanding the significance of the application because of a mental disability,
(v) evidence that establishes that the decision that was made abroad in respect of the adoption took place on or after January 1, 1947,
(vi) two photographs of the child in the format specified on the prescribed form, and
(vii) evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

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

9 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

10 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

11 (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

12 (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

13 (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

14 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

15 (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

16 (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

17 (1) Notices referred in subsections 10(3) and 10.1(2) of the Act and the decision referred to in subsection 10(5) of the Act may be delivered by hand, by regular 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.

Search of Records

Marginal note:Search of the records

18 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

19 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

20 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

21 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.

Coming into Force

Marginal note:S.C. 2014, c. 22

*22 These Regulations come into force on the day on which section 26 of the Strengthening Canadian Citizenship Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.
Return to footnote *[Note: Regulations in force June 11, 2015, see SI/2015-46.]