Citizenship Act (R.S.C., 1985, c. C-29)

Marginal note:Representation or advice for consideration

• 21.1 (1) Every person commits an offence who knowingly, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under this Act.

• Marginal note:Persons who may represent or advise

  (2) Subsection (1) does not apply to

  • (a) a lawyer who is a member in good standing of a law society of a province or a notary who is a member in good standing of the Chambre des notaires du Québec;

  • (b) any other member in good standing of a law society of a province; or

  • (c) a member in good standing of the College, as defined in section 2 of the College of Immigration and Citizenship Consultants Act.

• Marginal note:Students-at-law

  (3) Subsection (1) does not apply to a student-at-law who offers or provides representation or advice to a person if the student-at-law is acting under the supervision of a person described in paragraph (2)(a) who is representing or advising the person — or offering to do so — in connection with a proceeding or application under this Act.

• Marginal note:Agreement or arrangement with Her Majesty

  (4) Subsection (1) does not apply to an entity, including a person acting on its behalf, that offers or provides services to assist persons in connection with an application under this Act if it is acting in accordance with an agreement or arrangement between that entity and Her Majesty in right of Canada that authorizes it to provide those services.

• (5) [Repealed, 2019, c. 29, s. 293]

• (6) [Repealed, 2019, c. 29, s. 293]

• (7) [Repealed, 2019, c. 29, s. 293]

• (8) [Repealed, 2019, c. 29, s. 293]

• Meaning of proceeding

  (9) For greater certainty, in this section proceeding does not include a proceeding before a superior court.

Marginal note:Prohibition

• 22 (1) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship

  • (a) while the person, under any enactment in force in Canada,

    • (i) is under a probation order,

    • (ii) is a paroled inmate, or

    • (iii) is serving a term of imprisonment;

  • (a.1) while the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;

  • (a.2) while the person is serving a sentence outside Canada for an offence under any Act of Parliament;

  • (b) while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act;

  • (b.1) subject to subsection (1.1), while the person is charged with, on trial for, subject to or a party to an appeal relating to an offence committed outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament;

  • (c) while the person is under investigation by the Minister of Justice, the Royal Canadian Mounted Police or the Canadian Security Intelligence Service for, or is charged with, on trial for, subject to or a party to an appeal relating to, an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

  • (d) if the person has been convicted of an offence under any of sections 4 to 7 of the Crimes Against Humanity and War Crimes Act;

  • (e) if the person has not obtained the authorization to return to Canada required under subsection 52(1) of the Immigration and Refugee Protection Act;

  • (e.1) if the person directly or indirectly misrepresents or withholds material circumstances relating to a relevant matter, which induces or could induce an error in the administration of this Act;

  • (e.2) if, during the five years immediately before the person’s application, the person was prohibited from being granted citizenship or taking the oath of citizenship under paragraph (e.1); or

  • (f) if, during the 10 years immediately before the person’s application, the person ceased to be a citizen under paragraph 10(1)(a), as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, or under subsection 10(1) or 10.1(3).

  • (g) [Repealed, 2017, c. 14, s. 10]

• Marginal note:Waiver

  (1.1) The Minister may, in his or her discretion in the case of any person, waive the application of paragraph (1)(b.1) on compassionate grounds.

• Marginal note:Prohibition

  (2) Despite anything in this Act, but subject to the Criminal Records Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person has been convicted of an offence under subsection 21.1(1) or 29.2(1) or (2), or an indictable offence under subsection 29(2) or (3) or any other Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act,

  • (a) during the four-year period immediately before the date of the person’s application; or

  • (b) during the period beginning on the date of the person’s application and ending on the date on which the person would otherwise be granted citizenship or take the oath of citizenship.

• Marginal note:Prohibition — conviction of offence outside Canada

  (3) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person has been convicted of an offence outside Canada that, if committed in Canada, would constitute an indictable offence under any Act of Parliament, regardless of whether the person was pardoned or otherwise granted amnesty for the offence, and the conviction occurred during

  • (a) the four-year period immediately before the date of the person’s application; or

  • (b) the period beginning on the date of the person’s application and ending on the date that he or she would otherwise be granted citizenship or take the oath of citizenship.

• Marginal note:Prohibition — specific cases

  (4) Despite anything in this Act, a person shall not be granted citizenship under subsection 5(1), (2) or (4) or 11(1) or take the oath of citizenship if the person, before or after the coming into force of this subsection and while the person was a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act,

  • (a) was convicted under section 47 of the Criminal Code of treason and sentenced to imprisonment for life or was convicted of high treason under that section;

  • (b) was convicted of a terrorism offence as defined in section 2 of the Criminal Code — or an offence outside Canada that, if committed in Canada, would constitute a terrorism offence as defined in that section — and sentenced to at least five years of imprisonment;

  • (c) was convicted of an offence under any of sections 73 to 76 of the National Defence Act and sentenced to imprisonment for life because the person acted traitorously;

  • (d) was convicted of an offence under section 78 of the National Defence Act and sentenced to imprisonment for life;

  • (e) was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 47 of the Criminal Code and sentenced to imprisonment for life;

  • (f) was convicted under the National Defence Act of a terrorism offence as defined in subsection 2(1) of that Act and sentenced to at least five years of imprisonment;

  • (g) was convicted of an offence described in section 16 or 17 of the Foreign Interference and Security of Information Act and sentenced to imprisonment for life;

  • (h) was convicted of an offence under section 130 of the National Defence Act in respect of an act or omission that is punishable under section 16 or 17 of the Foreign Interference and Security of Information Act and sentenced to imprisonment for life; or

  • (i) served as a member of an armed force of a country or as a member of an organized armed group and that country or group was engaged in an armed conflict with Canada.

• Marginal note:Exceptional circumstances

  (5) If the Minister considers that exceptional circumstances warrant it, he or she may decide that subsection (4) does not apply in respect of a person.

• Marginal note:Prohibition — taking oath

  (6) Despite anything in this Act, a person shall not take the oath of citizenship if they never met or they no longer meet the requirements of this Act for the grant of citizenship.

PART V.1Judicial Review

Marginal note:Application for judicial review only with leave

• 22.1 (1) An application for judicial review with respect to any matter under this Act may be made only with leave of the Court.

• Marginal note:Application for leave

  (2) The following provisions govern an application for leave:

  • (a) the application must be filed in the Registry of the Court and served on the other party within 30 days after the day on which the applicant is notified of or otherwise becomes aware of the matter;

  • (b) a judge of the Court may, for special reasons, allow an extended time for filing and serving the application;

  • (c) a judge of the Court shall dispose of the application without delay and in a summary way and, unless a judge of the Court directs otherwise, without personal appearance; and

  • (d) no appeal lies from the decision of the Court with respect to the application or with respect to an interlocutory decision.

• Marginal note:Application by Minister

  (3) The Minister may make an application in respect of a decision of a citizenship judge.

Marginal note:Judicial review

22.2 The following provisions govern the judicial review:

• (a) the judge who grants leave shall fix the day and place for a hearing;

• (b) the hearing shall be held no later than 90 days after the day on which leave is granted and, unless the parties agree otherwise, no earlier than 30 days after that day;

• (c) the judge shall dispose of the application without delay and in a summary way; and

• (d) an appeal to the Federal Court of Appeal may be made only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.

Marginal note:Rules

22.3 With the approval of the Governor in Council, the rules committee established under section 45.1 of the Federal Courts Act may make rules governing the practice and procedure in relation to applications for leave to commence an application for judicial review, applications for judicial review and appeals. The rules are binding despite any rule or practice that would otherwise apply.

Marginal note:Inconsistency with Federal Courts Act

22.4 In the event of an inconsistency between the provisions of this Part and any provision of the Federal Courts Act, this Part prevails to the extent of the inconsistency.

PART VIAdministration

Marginal note:Delegation of authority

23 Anything that is required to be done or that may be done by the Minister or the Minister of Public Safety and Emergency Preparedness under this Act or the regulations may be done on that Minister’s behalf by any person authorized by that Minister in writing to act on that Minister’s behalf without proof of the authenticity of the authorization.

Marginal note:Additional information, evidence or appearance

23.1 The Minister may require an applicant to provide any additional information or evidence relevant to his or her application, specifying the date by which it is required. For that purpose, the Minister may require the applicant to appear in person or by any means of telecommunication to be examined before the Minister or before a citizenship judge, specifying the time and the place — or the time and the means — for the appearance.

Marginal note:Seizure

23.2 The Minister may seize and detain any document that is provided to him or her for the purposes of this Act if he or she has reasonable grounds to believe that it was fraudulently or improperly obtained or used or that the measure is necessary to prevent its fraudulent or improper use.

Marginal note:Requirement to take oath of citizenship

24 Where a person is required under this Act to take the oath of citizenship, the person shall swear or affirm in the form set out in the schedule and in accordance with the regulations.

Marginal note:Evidence of declarations

• 25 (1) Any declaration made under this Act or prior legislation or any regulations made thereunder may be proved in any legal proceeding by the production of the original declaration or of any copy thereof certified to be a true copy by the Minister, and the production of the declaration or copy is conclusive evidence of the contents thereof and of the person named therein as declarant having made the declaration at the date therein mentioned.

• Marginal note:Proof of certificates or other documents

  (2) A certificate of citizenship, a document provided under paragraph 12(1)(b) or (2)(b), a certificate of naturalization or a certificate of renunciation may be proved in any legal proceeding by the production of the original certificate or document or of a document that is certified by the Minister as bearing the same information.

Marginal note:Citizenship judges

• 26 (1) The Governor in Council may appoint any citizen to be a citizenship judge.

• Marginal note:Duties

  (2) In addition to his other duties set out in this Act, a citizenship judge shall perform such other duties as the Minister prescribes for carrying into effect the purposes and provisions of this Act.