GreatNorthCollective/greatnorth-canada-federal-laws-text huggingface dataset:
Citizenship Act — C-29
citizenship means Canadian citizenship; ( citoyenneté )
Citizenship Act — C-29
citizenship judge means a citizenship judge appointed under section 26; ( juge de la citoyenneté )
Citizenship Act — C-29
common-law partner , in relation to an individual, means a person who is cohabiting with the individual in a conjugal relationship, having so cohabited for a period of at least one year; ( conjoint de fait )
Citizenship Act — C-29
disability [Repealed, 1992, c. 21, s. 6]
Citizenship Act — C-29
former Act means the Canadian Citizenship Act , chapter C-19 of the Revised Statutes of Canada, 1970; ( ancienne loi )
Citizenship Act — C-29
Minister means such member of the Queen’s Privy Council for Canada as is designated by the Governor in Council as the Minister for the purposes of this Act; ( ministre )
Citizenship Act — C-29
minor means a person who has not attained the age of eighteen years; ( mineur )
Citizenship Act — C-29
prior legislation means any Act respecting naturalization or citizenship that was in force in Canada at any time before February 15, 1977. ( législation antérieure )
Citizenship Act — C-29 3
nuary 1, 1947; (l) a person referred to in paragraph (1)(l) or (n) is deemed to be a citizen under that paragraph as of April 1, 1949; and (m) a person referred to in paragraph (1)(p) or (r) is deemed to be a citizen under that paragraph as of April 1, 1949. Limitation (8) For any period before the day on which subsection (7) first takes effect with respect to a person, (a) subsection (7) does not have the effect of conferring any rights, powers or privileges — or imposing any obligations, duties or liabilities — under any Act of Parliament other than this Act or any other law on the person or on any other person who may have any of those rights, powers, privileges, obligations, duties and liabilities as a result of the first person becoming a citizen; and (b) no action or other proceedings for damages based on subsection (7) may be brought against Her Majesty in right of Canada or any officers, employees or agents of Her Majesty in right of Canada in respect of anything done or omitted to be done during that period. Definition of by way of grant (9) In subsections (2.1) to (2.5), (6.2) and (6.5), by way of grant means by way of grant under this Act or under prior legislation, by way of acquisition under this Act or by way of resumption under prior legislation. R.S., 1985, c. C-29, s. 3; 1995, c. 5, s. 25; 2007, c. 24, s. 1; 2008, c. 14, ss. 2, 13; 2014, c. 22, s. 2 2025, c. 5, s. 1
Citizenship Act — C-29 4
Deserted child 4 (1) For the purposes of paragraph 3(1)(a), every person who, before apparently attaining the age of seven years, was found as a deserted child in Canada shall be deemed to have been born in Canada, unless the contrary is proved within seven years from the date the person was found. Child born after death of parent (2) For the purposes of paragraph 3(1)(b), subsection 3(2) and subparagraph 3(3)(a)(i), if a child is born after the death of either of their parents, the child is deemed to have been born before the death of that parent. (3) [Repealed, 2008, c. 14, s. 3] R.S., 1985, c. C-29, s. 4; 2008, c. 14, s. 3 2025, c. 5, s. 2
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t (2025) comes into force; (b) has a birth parent who was a citizen at the time of the birth; (c) is less than 23 years of age; (d) has been physically present in Canada for at least 1,095 days during the four years immediately before the date of his or her application; (e) has always been stateless; and (f) has not been convicted of any of the following offences: (i) a terrorism offence, as defined in section 2 of the Criminal Code , (ii) an offence under section 47, 51 or 52 of the Criminal Code , (iii) an offence under subsection 5(1) or any of sections 6 and 16 to 22 of the Foreign Interference and Security of Information Act , or (iv) a conspiracy or an attempt to commit, being an accessory after the fact in relation to, or any counselling in relation to, an offence referred to in subparagraph (ii) or (iii). No oath required (6) A person who is granted citizenship under subsection (5) is not required to take the oath of citizenship. R.S., 1985, c. C-29, s. 5; R.S., 1985, c. 44 (3rd Supp.), s. 1; 1992, c. 21, s. 7; 2000, c. 12, s. 75; 2001, c. 27, s. 228; 2003, c. 22, s. 149(E); 2008, c. 14, s. 4; 2014, c. 22, s. 3; 2017, c. 14, s. 1 2024, c. 16, s. 57 2025, c. 5, s. 3
Citizenship Act — C-29 5.1
of the person’s adoptive parents were citizens under any of those provisions, and (ii) neither of the person’s adoptive parents who was a citizen was physically present in Canada for at least 1,095 days before the person's adoption. Exception — child or grandchild of person in service abroad (5) Subsection (4) does not apply to a person who was (a) adopted by a parent who, at the time of the person’s adoption, was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; (b) adopted by a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or (c) adopted by a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person. Death of parent (6) A person who would not be granted citizenship under any of subsections (1) to (3) for the sole reason that their adoptive parent or both their adoptive parent and their adoptive parent’s parent died before the coming into force of An Act to amend the Citizenship Act (2025) may be granted citizenship under that subsection if that adoptive parent — or both that adoptive parent and that adoptive parent’s parent — but for their death, would have been a citizen as a result of the coming into force of that Act. 2007, c. 24, s. 2; 2008, c. 14, s. 13; 2014, c. 22, s. 4 2025, c. 5, s. 4
Citizenship Act — C-29 5.2
Citizenship by way of grant under section 5.1 — grandchild of person in service abroad 5.2 A person born outside Canada who was adopted by a parent referred to in paragraph (a) or (b) and who is either a citizen under prior legislation or the former Act — other than under any provision referred to in any of clauses 3(3)(b)(i)(A) to (H) — or was granted citizenship under paragraph 5(2)(a) of this Act, as it read before April 17, 2009, or under subsection 5(1), (2), or (4) or 11(1) of this Act is deemed, as of the coming into force of this section, to have been granted citizenship under section 5.1: (a) a parent one or both of whose parents, at the time of that parent’s birth, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person; or (b) a parent one or both of whose adoptive parents, at the time of that parent’s adoption, were employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province, otherwise than as a locally engaged person. 2014, c. 22, s. 5 2025, c. 5, s. 5
Citizenship Act — C-29 6
Rights and obligations 6 A citizen, whether or not born in Canada, is entitled to all rights, powers and privileges and is subject to all obligations, duties and liabilities to which a person who is a citizen under paragraph 3(1)(a) is entitled or subject and has a like status to that of such person. 1974-75-76, c. 108, s. 5
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No loss except as provided 7 A person who is a citizen shall not cease to be a citizen except in accordance with this Part or regulations made under paragraph 27(1)(j.1). R.S., 1985, c. C-29, s. 7; 2008, c. 14, s. 5; 2014, c. 22, s. 6
Citizenship Act — C-29 9
Renunciation of citizenship 9 (1) Subject to subsection (2.1), a citizen may, on application, renounce his citizenship if he (a) is a citizen of a country other than Canada or, if his application is accepted, will become a citizen of a country other than Canada; (b) is not the subject of a declaration by the Governor in Council made pursuant to section 20; (c) is not a minor; (d) is not prevented from understanding the significance of renouncing citizenship by reason of the person having a mental disability; and (e) does not reside in Canada. Ministerial discretion to waive requirements (2) The Minister may, in the Minister’s discretion, waive on compassionate grounds the requirements of paragraph (1)(d) or (e). Exception (2.1) No application for renunciation may be made if the Minister has provided the applicant with a notice referred to in subsection 10(3) or has commenced an action under subsection 10.1(1) for a declaration in respect of the applicant until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be. Processing of application suspended (2.2) If an application for renunciation is made and the Minister subsequently provides the applicant with a notice referred to in subsection 10(3) or commences an action under subsection 10.1(1) for a declaration in respect of the applicant, the processing of that application is suspended until the Minister provides the applicant with his or her decision under subsection 10(5) or a final judgment has been rendered in that action, as the case may be. Certificate of renunciation (3) If an application under subsection (1) is approved by the Minister, the Minister shall issue a certificate of renunciation to the applicant and the applicant ceases to be a citizen after the expiration of the day on which the certificate is issued or any later day that the certificate may specify. R.S., 1985, c. C-29, s. 9; 1992, c. 21, s. 8; 2014, c. 22, s. 7; 2017, c. 14, s. 2
Citizenship Act — C-29 10
Revocation by Minister — fraud, false representation, etc. 10 (1) Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances. (2) [Repealed, 2017, c. 14, s. 3] Notice (3) Before a person’s citizenship or renunciation of citizenship may be revoked, the Minister shall provide the person with a written notice that (a) advises the person of his or her right to make written representations; (b) specifies the form and manner in which the representations must be made; (c) sets out the specific grounds and reasons, including reference to materials, on which the Minister is relying to make his or her decision; and (d) advises the person that the case will be referred to the Court unless the person requests that the case be decided by the Minister. Representations and request for decision by Minister (3.1) The person may, within 60 days after the day on which the notice is sent, or within any extended time that the Minister may allow for special reasons, (a) make written representations with respect to the matters set out in the notice, including any considerations respecting his or her personal circumstances — such as the best interests of a child directly affected — that warrant special relief in light of all the circumstances of the case and whether the decision will render the person stateless; and (b) request that the case be decided by the Minister. Consideration of representations (3.2) The Minister shall consider any representations received from the person pursuant to paragraph (3.1)(a) before making a decision. Hearing (4) A hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required. Referral to Court (4.1) The Minister shall refer the case to the Court under subsection 10.1(1) unless (a) the person has made written representations under paragraph (3.1)(a) and the Minister is satisfied (i) on a balance of probabilities that the person has not obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, or (ii) that considerations respecting the person’s personal circumstances warrant special relief in light of all the circumstances of the case; or (b) the person has made a request under paragraph (3.1)(b). Notice of decision (5) The Minister shall provide his or her decision to the person in writing. R.S., 1985, c. C-29, s. 10; 2014, c. 22, s. 8; 2017, c. 14, s. 3
Citizenship Act — C-29 10.1
Revocation for fraud — declaration of Court 10.1 (1) Unless a person makes a request under paragraph 10(3.1)(b), the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration. (2) [Repealed, 2017, c. 14, s. 4] Effect of declaration (3) A declaration made under subsection (1) has the effect of revoking a person’s citizenship or renunciation of citizenship. Proof (4) For the purposes of subsection (1), if the Minister seeks a declaration that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in sections 34, 35, 35.1 or 37 of the Immigration and Refugee Protection Act , the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances. 2014, c. 22, s. 8; 2017, c. 14, s. 4 2023, c. 19, s. 14
Citizenship Act — C-29 10.2
Presumption 10.2 For the purposes of subsections 10(1) and 10.1(1), a person has obtained or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances if the person became a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , by false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship. 2014, c. 22, s. 8
Citizenship Act — C-29 10.5
Inadmissibility 10.5 (1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall — in the originating document that commences an action under subsection 10.1(1) on the basis that the person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act — seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act . Party (2) When a declaration is sought under subsection (1), the Minister of Public Safety and Emergency Preparedness becomes a party to the action commenced under subsection 10.1(1). Removal order (3) A declaration that the person is inadmissible on one of the grounds referred to in subsection (1) is a removal order against the person under the Immigration and Refugee Protection Act that comes into force when it is made, without the necessity of holding or continuing an examination or an admissibility hearing under that Act. The removal order is a deportation order as provided for in regulations made under that Act. Procedure (4) If a declaration is sought under subsection (1), the Court shall first hear and decide all matters related to the declaration sought under subsection 10.1(1). If the Court denies the declaration sought under subsection 10.1(1), it shall also deny the declaration sought under subsection (1). Evidence (5) If a declaration sought under subsection (1) is not denied under subsection (4), the Court (a) shall assess the facts — whether acts or omissions — alleged in support of the declaration on the basis of reasonable grounds to believe that they have occurred, are occurring or may occur; (b) shall take into account the evidence already admitted by it and consider as conclusive any finding of fact already made by it in support of the declaration sought under subsection 10.1(1); and (c) with respect to any additional evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances. Single judgment (6) The Court shall issue a single judgment in respect of the declarations sought under subsections (1) and 10.1(1). 2014, c. 22, s. 8; 2017, c. 14, s. 5.1
Citizenship Act — C-29 10.6
No appeal from interlocutory judgment 10.6 Despite paragraph 27(1)(c) of the Federal Courts Act , no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or 10.5(1). 2014, c. 22, s. 8; 2017, c. 14, s. 6
Citizenship Act — C-29 10.7
No appeal unless question stated 10.7 An appeal to the Federal Court of Appeal may be made from a judgment under section 10.1 or 10.5 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. 8
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Resumption by application 11 (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen, (a) makes an application for resumption of citizenship; (b) is not the subject of an order made under section 10, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act , a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act; (b.1) is not the subject of a declaration made under section 20; (c) is not under a removal order; and (d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act , has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since having ceased to be a citizen and become a permanent resident, (i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and (ii) met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made. (e) [Repealed, 2017, c. 14, s. 7] Canadian Armed Forces — permanent resident (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who (a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and (b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made. However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces. Canadian Armed Forces — person attached or seconded (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces. Automatic acquisition of citizenship (2) Notwithstanding any other provision of this Act, a woman, who (a) by virtue of any law of Canada in force at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject, and (b) would have been a citizen had the former Act come into force immediately before her marriage or the acquisition by her husband of a foreign nationality, acquires citizenship immediately on the receipt by the Minister of a notice in writing by her that she elects to be a citizen. R.S., 1985, c. C-29, s. 11; 2001, c. 27, s. 229; 2005, c. 17, s. 1; 2008, c. 14, s. 7; 2014, c. 22, s. 9; 2017, c. 14, s. 7
Citizenship Act — C-29 12
Application for evidence of citizenship 12 (1) The Minister shall, on application by a person, determine whether they are a citizen and, if they are, (a) subject to any regulations made under paragraph 27(1)(i), issue a certificate of citizenship to them; or (b) subject to any regulations made under paragraph 27(1)(i) or (i.1), provide them with some other means to establish their citizenship. Providing evidence of citizenship on acquisition (2) After a person acquires citizenship as a result of an application under section 5 or 5.1 or subsection 11(1), the Minister shall (a) issue a certificate of citizenship to the person; or (b) provide the person with some other means to establish their citizenship. R.S., 1985, c. C-29, s. 12; 2008, c. 14, ss. 8, 13; 2014, c. 22, s. 10 2023, c. 26, s. 301
Citizenship Act — C-29 13
Applications 13 An application is to be accepted for processing under this Act only if all of the following conditions are satisfied: (a) the application is made in the form and manner and at the place required under this Act; (b) it includes the information required under this Act; (c) it is accompanied by any supporting evidence and fees required under this Act. R.S., 1985, c. C-29, s. 13; 2008, c. 14, s. 9; 2014, c. 22, s. 11
Citizenship Act — C-29 13.1
Suspension of processing 13.1 The Minister may suspend the processing of an application for as long as is necessary to receive (a) any information or evidence or the results of any investigation or inquiry for the purpose of ascertaining whether the applicant meets the requirements under this Act relating to the application, whether the applicant should be the subject of an admissibility hearing or a removal order under the Immigration and Refugee Protection Act or whether section 20 or 22 applies with respect to the applicant; and (b) in the case of an applicant who is a permanent resident and who is the subject of an admissibility hearing under the Immigration and Refugee Protection Act , the determination as to whether a removal order is to be made against the applicant. 2014, c. 22, s. 11