Consolidated Statutes and Regulations
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http://laws.justice.gc.ca/en/C-29/34586.html
Updated to August 31, 2004
Citizenship Act
CHAPTER C-29
An Act respecting citizenship
SHORT TITLE
Short title
1. This Act may be cited as the Citizenship Act.
1974-75-76, c. 108, s. 1.
INTERPRETATION
Definitions
2. (1) In this Act,
"certificate of citizenship" «certificat de citoyenneté»
"certificate of citizenship" means a certificate of citizenship issued or granted under this Act or under the former Act;
"certificate of naturalization" «certificat de naturalisation»
"certificate of naturalization" means a certificate of naturalization granted under any Act that was in force in Canada at any time before January 1, 1947;
"certificate of renunciation" «certificat de répudiation»
"certificate of renunciation" means a certificate of renunciation issued under section 9;
"child" «enfant»
"child" includes a child adopted or legitimized in accordance with the laws of the place where the adoption or legitimation took place;
"citizen" «citoyen»
"citizen" means a Canadian citizen;
"citizenship" «citoyenneté»
"citizenship" means Canadian citizenship;
"citizenship judge" «juge de la citoyenneté»
"citizenship judge" means a citizenship judge appointed under section 26;
"common-law partner" « conjoint de fait »
"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;
"Court" «Cour»
"Court" means the Federal Court;
"disability" [Repealed, 1992, c. 21, s. 6]
"former Act" «ancienne loi»
"former Act" means the Canadian Citizenship Act, chapter C-19 of the Revised Statutes of Canada, 1970;
"Minister" «ministre»
"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;
"minor" «mineur»
"minor" means a person who has not attained the age of eighteen years;
"prior legislation" «législation antérieure»
"prior legislation" means any Act respecting naturalization or citizenship that was in force in Canada at any time before February 15, 1977.
Interpretation
(2) For the purposes of this Act,
(a) a person is deemed to be born in Canada if the person is born on a Canadian ship as defined in the Canada Shipping Act, on an air cushion vehicle registered in Canada under that Act or on an aircraft registered in Canada under the Aeronautics Act and regulations made thereunder;
(b) a person who is lawfully present and entitled to permanently reside in Canada is deemed to have been lawfully admitted to Canada for permanent residence; and
(c) a person against whom a removal order has been made remains under that order
(i) unless all rights of review by or appeal to the Immigration Appeal Division of the Immigration and Refugee Board, the Federal Court of Appeal and the Supreme Court of Canada have been exhausted with respect to the order and the final result of those reviews or appeals is that the order has no force or effect, or
(ii) until the order has been executed.
R.S., 1985, c. C-29, s. 2; R.S., 1985, c. 28 (4th Supp.), s. 36; 1992, c. 21, s. 6; 2000, c. 12, s. 74; 2001, c. 27, s. 227.1; 2002, c. 8, s. 183.
PART I
THE RIGHT TO CITIZENSHIP
Persons who are citizens
3. (1) Subject to this Act, a person is a citizen if
(a) the person was born in Canada after February 14, 1977;
(b) the person was born outside Canada after February 14, 1977 and at the time of his birth one of his parents, other than a parent who adopted him, was a citizen;
(c) the person has been granted or acquired citizenship pursuant to section 5 or 11 and, in the case of a person who is fourteen years of age or over on the day that he is granted citizenship, he has taken the oath of citizenship;
(d) the person was a citizen immediately before February 15, 1977; or
(e) the person was entitled, immediately before February 15, 1977, to become a citizen under paragraph 5(1)(b) of the former Act.
Not applicable to children of foreign diplomats, etc.
(2) Paragraph (1)(a) does not apply to a person if, at the time of his birth, neither of his parents was a citizen or lawfully admitted to Canada for permanent residence and either of his parents was
(a) a diplomatic or consular officer or other representative or employee in Canada of a foreign government;
(b) an employee in the service of a person referred to in paragraph (a); or
(c) an officer or employee in Canada of a specialized agency of the United Nations or an officer or employee in Canada of any other international organization to whom there are granted, by or under any Act of Parliament, diplomatic privileges and immunities certified by the Minister of Foreign Affairs to be equivalent to those granted to a person or persons referred to in paragraph (a).
R.S., 1985, c. C-29, s. 3; 1995, c. 5, s. 25.
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) and subsection 3(2), where a child is born after the death of either of his parents, the child shall be deemed to have been born before the death of that parent.
Person born of Canadian parent outside Canada
(3) For the purposes of paragraph 3(1)(e), a person otherwise entitled under paragraph 5(1)(b) of the former Act to become a citizen immediately before February 15, 1977 remains so entitled notwithstanding that his birth is registered, after February 14, 1977, in accordance with the regulations made under the former Act,
(a) within two years after the occurrence of his birth; or
(b) within such extended period as the Minister may authorize after February 15, 1977 or has authorized before that date.
1974-75-76, c. 108, s. 4.
Grant of citizenship
5. (1) The Minister shall grant citizenship to any person who
(a) makes application for citizenship;
(b) is eighteen years of age or over;
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and has, within the four years immediately preceding the date of his or her application, accumulated at least three years of residence in Canada calculated in the following manner:
(i) for every day during which the person was resident in Canada before his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one-half of a day of residence, and
(ii) for every day during which the person was resident in Canada after his lawful admission to Canada for permanent residence the person shall be deemed to have accumulated one day of residence;
(d) has an adequate knowledge of one of the official languages of Canada;
(e) has an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
(f) is not under a removal order and is not the subject of a declaration by the Governor in Council made pursuant to section 20.
Residence
(1.1) Any day during which an applicant for citizenship resided with the applicant's spouse or common-law partner who at the time was a Canadian citizen and was employed outside of Canada in or with the Canadian armed forces or the public service of Canada or of a province, otherwise than as a locally engaged person, shall be treated as equivalent to one day of residence in Canada for the purposes of paragraph (1)(c) and subsection 11(1).
