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

Full Document:  

Act current to 2026-01-19 and last amended on 2025-12-15. Previous Versions

PART VIAdministration (continued)

Marginal note:Regulations

  •  (1) The Governor in Council may make regulations

    • (a) [Repealed, 2014, c. 22, s. 24]

    • (b) respecting fees for services provided in the administration of this Act, and cases in which those fees may be waived;

    • (c) providing for the remission of fees referred to in paragraph (b);

    • (c.1) providing for the circumstances in which an unfulfilled condition referred to in paragraph 5(1)(c), (2)(b) or 11(1)(d) need not be fulfilled;

    • (d) providing for various criteria that may be applied to determine whether a person

      • (i) has an adequate knowledge of one of the official languages of Canada, or

      • (ii) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship, as demonstrated in one of the official languages of Canada;

      • (iii) [Repealed, 2008, c. 14, s. 12]

    • (d.1) providing for the factors to be considered in determining whether the requirements set out in section 5.1 are met;

    • (d.2) providing for the circumstances in which the Minister shall determine that any of the requirements of subsections 5.1(1) and (2) are met;

    • (d.3) providing for the circumstances in which a review of an application under section 5.1 is suspended;

    • (e) prescribing the procedures to be followed in the referral of applications to citizenship judges;

    • (f) prescribing the procedures to be followed by citizenship judges in the performance of their duties;

    • (g) prescribing the ceremonial procedures to be followed by citizenship judges;

    • (h) respecting the taking of the oath of citizenship;

    • (i) providing for the number of copies of any declaration, certificate, or other document made, issued or provided under this Act or prior legislation that any person is entitled to have;

    • (i.1) respecting the provision under paragraph 12(1)(b) or (2)(b) of a means of establishing citizenship other than a certificate of citizenship;

    • (i.2) prescribing the procedures to be followed in relation to a document that may be seized under section 23.2, including in relation to its seizure, storage, return and disposition;

    • (j) providing for the surrender and retention of certificates of citizenship, certificates of naturalization and certificates of renunciation issued or granted under this Act or prior legislation and of documents provided under paragraph 12(1)(b) or (2)(b) if there is reason to believe that their holder may not be entitled to them or has contravened any of the provisions of this Act;

    • (j.1) providing for the renunciation of citizenship by persons

      • (i) who are citizens under paragraph 3(1)(f) or (g),

      • (ii) who are citizens under any of paragraphs 3(1)(k) to (r) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9),

      • (iii) who are citizens under paragraph 3(1)(b) for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) and who did not, before the coming into force of this subparagraph, become citizens by way of grant as defined in subsection 3(9), or

      • (iv) who are citizens as a result of the coming into force of An Act to amend the Citizenship Act (2025), who were born before the day on which that Act comes into force and who did not, before that day, become citizens by way of grant as defined in subsection 3(9);

    • (j.2) prescribing the factors that the Minister shall consider in forming an opinion as to whether a hearing is required under subsection 10(4);

    • (k) providing for the surrender and cancellation of certificates and documents referred to in paragraph (j) if their holder is not entitled to them;

    • (k.1) providing for the collection, retention, use, disclosure and disposal of information for the purposes of this Act;

    • (k.2) providing for the disclosure of information for the purposes of national security, the defence of Canada or the conduct of international affairs, including the implementation of an agreement or arrangement entered into under section 5 of the Department of Citizenship and Immigration Act;

    • (k.3) providing for the disclosure of information to verify the citizenship status or identity of any person for the purposes of administering any federal or provincial law or law of another country;

    • (k.4) providing for the disclosure of information for the purposes of cooperation within the Government of Canada and between the Government of Canada and the government of a province;

    • (k.5) respecting the disclosure of information relating to the professional or ethical conduct of a person referred to in any of paragraphs 21.1(2)(a) to (c) in connection with a proceeding — other than a proceeding before a superior court — or application under this Act to a body that is responsible for governing or investigating that conduct or to a person who is responsible for investigating that conduct, for the purposes of ensuring that persons referred to in those paragraphs offer and provide professional and ethical representation and advice to persons in connection with such proceedings and applications;

    • (k.6) establishing a system of administrative penalties and consequences — including of administrative monetary penalties — applicable to the violations designated in regulations made under paragraph (k.7) and setting the amounts of those administrative monetary penalties;

    • (k.7) designating as a violation the contravention — including a contravention committed outside Canada — of any specified provision of this Act or of the regulations by any person who, 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;

    • (k.8) prohibiting acts in relation to the activity of representing or advising — or offering to do so — described in paragraph (k.7);

    • (k.9) providing for the power to inspect — including the power to require documents to be provided by individuals and entities for inspection — for the purpose of verifying compliance with the provisions specified in regulations made under paragraph (k.7);

    • (k.91) providing the circumstances in which the Minister may require a person, or a person who is a member of a class of persons, who makes an application or request or who provides any document, information or evidence under this Act to do so using any means that are specified by the Minister; and

    • (l) generally, to carry out the purposes and provisions of this Act.

  • Marginal note:Conditions

    (2) Regulations made under paragraphs (1)(k.1) to (k.5) may include conditions under which the collection, retention, use, disposal and disclosure may be made.

  • Marginal note:Right to request review

    (3) Any regulation made under paragraph (1)(k.6) must provide that a person who is the subject of a notice of violation has the right to request, from a person appointed under subsection (4), a review of the notice or of the penalty imposed.

  • Marginal note:Appointment — order

    (4) The Governor in Council may, by order, appoint one or more citizens or permanent residents, as defined in subsection 2(1) of the Immigration and Refugee Protection Act, to conduct reviews in respect of notices of violation issued, or penalties imposed, under a regulation made under paragraph (1)(k.6) and to perform any other function conferred on them by a regulation made under that paragraph.

  • Marginal note:Tenure

    (5) A person appointed by order under subsection (4) holds office during good behaviour for a term that the Governor in Council may specify, by order, but may be removed for cause by the Governor in Council at any time.

Marginal note:Laying of proposed regulations

  •  (1) The Minister shall cause a copy of each regulation proposed to be made under paragraph 27(1)(d.1) to be laid before each House of Parliament, and each House shall refer the proposed regulation to the appropriate Committee of that House.

  • Marginal note:Exception

    (2) No proposed regulation that has been laid under subsection (1) need again be laid under that subsection, whether or not it has been altered.

  • Marginal note:Making of regulations

    (3) The Governor in Council may make the regulation at any time after the proposed regulation has been laid before each House of Parliament under subsection (1).

  • 2007, c. 24, s. 3.1
  • 2014, c. 22, s. 25

Marginal note:Regulations — Minister

 The Minister may make regulations

  • (a) prescribing the manner in which and the place at which applications are to be made and notices are to be given under this Act and specifying the information and evidence that is to be provided in support of them;

  • (b) respecting the acceptance for processing of applications made under this Act by a person who has been represented or advised by a third party for consideration;

  • (c) with regard to the requirements of paragraphs 5(1)(d) and (e),

    • (i) respecting the procedures to be followed or evaluation methods or tools to be used in determining whether an applicant meets those requirements or any of the criteria provided for under paragraph 27(1)(d),

    • (ii) respecting the organizations or institutions that may conduct assessments related to those requirements or criteria, and

    • (iii) respecting what constitutes evidence that an applicant meets those requirements or criteria; and

  • (d) requiring an applicant who seeks a waiver by the Minister under subsection 5(3) or 9(2) to request the waiver, specifying the time and manner for making the request and respecting the justification or evidence to be provided in support.

  • 2014, c. 22, s. 26
  • 2017, c. 14, s. 13

Marginal note:Regulations — electronic means

  •  (1) The Minister may make regulations respecting the application of section 28.2 and paragraph 28.3(b), including regulations respecting

    • (a) the technology or format to be used, or the standards, specifications or processes to be followed, including for the making or verifying of an electronic signature and the manner in which it is to be used; and

    • (b) the date and time when, and the place where, an electronic version of an application, request, notice, decision, determination or document or any information or evidence is deemed to be sent or received.

  • Marginal note:Electronic and other means

    (2) The regulations made under subsection (1) may include provisions requiring a person who makes an application or request or who provides any document, information or evidence under this Act to do so using electronic means, including an electronic system, and provisions respecting such means, including such a system. The regulations may also include provisions prescribing the circumstances in which the application, request, document, information or evidence may be provided by other means and respecting those other means.

  • Marginal note:Electronic payments

    (3) The regulations may also include provisions

    • (a) requiring that payments that are required to be made or evidence of payment that is required to be provided under this Act must be made or provided by means of an electronic system and respecting such a system;

    • (b) prescribing the circumstances in which such payments may be made or evidence of such payments may be provided by other means and respecting such other means; and

    • (c) respecting the date and time when, and the place where, an electronic payment or evidence of payment is deemed to be sent or received.

Marginal note:Service Fees Act

 The Service Fees Act does not apply in respect of a fee for services provided in the administration of this Act.

  • 2013, c. 33, s. 171
  • 2014, c. 22, s. 44
  • 2017, c. 20, s. 454

Marginal note:Powers of Minister

 The Minister may prescribe the forms of applications, certificates and other documents required for the purposes of this Act.

  • 1974-75-76, c. 108, s. 27

Marginal note:Sunset — after five years

  •  (1) Section 14 expires five years after the day on which subsection 22.1(3) comes into force unless, before then, the Minister extends its application for up to five years.

  • Marginal note:Sunset — further periods of up to five years

    (2) The Minister may, before the expiry of each extended period, extend the application of that section for up to five years.

  • Marginal note:Sunset — subsection 22.1(3)

    (3) Subsection 22.1(3) expires 30 days after the day on which section 14 expires.

  • 2014, c. 22, s. 27

PART VI.1Electronic Administration and Enforcement

Marginal note:Power — Minister

  •  (1) The Minister may administer and enforce this Act using electronic means.

  • Marginal note:Power — citizenship judges and Registrar

    (2) A citizenship judge and the Registrar of Canadian Citizenship may, in the exercise of their powers and performance of their duties and functions under this Act, use the electronic means that are made available or specified by the Minister.

  • Marginal note:Delegation

    (3) A person who has been authorized by the Minister to do anything that may be done by the Minister under this Act, may do so using the electronic means that are made available or specified by the Minister.

  • Marginal note:Decision or determination — automated system

    (4) For greater certainty, an electronic system, including an automated system, may be used to process an application, proceed with an examination or make a decision or determination under this Act.

Marginal note:Conditions for electronic version

 If any provision of this Act or the regulations requires a signature or any information or evidence to be provided, an application, request, decision or determination to be made, a notice to be given or any other document to be issued or otherwise provided, the electronic version of the signature, information or evidence, application, request, decision or determination, notice or other document is satisfied by its electronic version, if

  • (a) the electronic version is provided by the electronic means, including an electronic system, that are made available or specified by the Minister; and

  • (b) any other requirements that may be prescribed are met.

Marginal note:For greater certainty

 For greater certainty, if any provision of this Act or the regulations authorizes the Minister to require that any document, information or evidence be provided, the Minister is not precluded by this Part from requiring that the document, information or evidence, as the case may be, be provided in accordance with that provision.

 

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