Citizenship: Accommodations
This section contains policy, procedures and guidance used by IRCC staff. It is posted on the department’s website as a courtesy to stakeholders.
On this page
- Accommodation measures for citizenship
- Accommodations for citizenship tests and knowledge and/or language hearings
- Accessibility at citizenship ceremonies
- Accompanying persons
- Persons acting as interpreters
- Citizenship applicants unable to act on their own behalf
- Guardianship
- Taking affidavits or declarations
Accommodation measures for citizenship applicants
Subsection 5 (3.1) of the Citizenship Act explains that reasonable measures are used to accommodate the needs of disabled citizenship applicants. Applicants may indicate they require accessibility measures to navigate the citizenship process, either on the application form or in later communication. In some circumstances, this will not require deviation from how other applications are processed (i.e., applicant has a mobility issue but can attend all citizenship events in accessible physical spaces or virtually). In other cases, it may require adjustment to procedures (i.e., offering one-on-one oral testing or arranging services of a sign language interpreter). Each circumstance is different, and arrangements should be made (if necessary) to accommodate the client’s needs in the best way possible.
Accommodations include (but are not limited to):
- mobility aid access in physical spaces, including a service animal
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Note: mobility aids not provided by Immigration, Refugees and Citizenship Canada (IRCC);
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- use of alternate study guides and tests (audio guide, large print guide, Braille guide);
- usage of one-on-one tests including oral tests, Braille tests, large print tests, and tests with sign language interpretation; and
- additional time to take the citizenship test for clients that require it, such as for attention deficit hyperactivity disorder (ADHD), learning disabilities, or test anxiety.
As a best practice, it is suggested that if an applicant has indicated they require accommodation, citizenship staff should contact the applicant by email or phone to obtain more information about accommodation requirements for citizenship events. Case notes should be added on file to provide details on the applicant’s needs for future events.
For clients whose circumstances can’t be accommodated through accessibility measures, they may be eligible for a waiver of certain requirements under compassionate grounds. See Citizenship: waivers on compassionate grounds for more information.
Mobility aids
All applicants or accompanying persons who require the use of mobility aids are permitted usage of mobility aids at all times. Mobility aids are considered a working tool for people with disabilities. Mobility aids could include
- wheelchairs;
- canes, walkers, and other tools to aid movement; and
- service animals (brought by the person who uses them). Service animals should not be disturbed at any time unless the applicant instructs otherwise.
Accommodations for citizenship tests and knowledge and/or language hearings
All knowledge assessments
As of November 16, 2023, applicants receive three attempts to pass the knowledge test before a knowledge hearing is required. Typically, test attempts are 45 minutes, though some accessible versions of the test may require a longer time frame. Prior to November 16, 2023, applicants received two test attempts with 30 minutes for each before referral to a knowledge hearing.
To ensure procedural fairness, all applicants have the same number of chances to pass the knowledge test regardless of the testing format: three test attempts and a hearing. Applicants must receive 15/20 or higher to satisfy the knowledge requirement. If the applicant fails all attempts to pass the knowledge test, they are referred to a hearing with a citizenship officer, where an oral version of the test is administered.
When accommodations are not able to meet an applicant’s needs, a waiver may be warranted. If a waiver is requested by an applicant, they should not be invited to any citizenship events to evaluate knowledge or language requirements. Instead, they should be referred for waiver assessment. For more information, see Citizenship: waivers on compassionate grounds.
Oral test
In some cases, applicants should be offered an oral test as an accommodation for three attempts to pass the knowledge requirement. If they are unable to pass, they still have a chance to pass the knowledge requirement in a knowledge hearing. If the applicant needs the audio version of the study guide, it can be downloaded from the website or a CD version can be ordered; an email request is required to order accessible versions, such as the CD version.
Applicants with a disability who are prevented from being able to take the written knowledge test and are able to take the test orally should be scheduled for an in-person or virtual oral test with a citizenship official. The following instances are examples of situations where clients could be referred to an oral test with a citizenship official:
- someone who is blind or partially sighted but is not able to read Braille or large print;
- someone who is physically unable to write the test; or
- someone who is not sufficiently literate in English or French for the reading level of the test (i.e., can learn and understand the study material by listening to the audio version of the guide).
Where applicants have indicated they require accommodation (accessibility) either on their application form or via subsequent interactions with IRCC, IRCC will ensure that applicants are aware of the option to attempt the test with the assistance of an IRCC official. This option can be presented in any communication with the applicant.
Should an applicant who may be eligible for a waiver of the knowledge requirement indicate they wish to attempt the test, the responsible office will ensure that appropriate resources (e.g., facilities, accommodations, available IRCC officials) are available for the applicant to attempt the test with assistance. Refer to testing procedures for applications that require accommodations.
If an applicant receives an online test invitation (also referred to as a Notice to Appear) and requires accommodations but has not yet conveyed this to IRCC, they can reach out to the local office email in the invitation letter and communicate their accommodation requirements.
If an applicant indicates they require accommodations for the first time when they present themselves for an in-person written test, local offices will proactively accommodate them to the best of their operational capacity at that time (i.e., if no staff is available to assist the applicant at that time, the applicant will be provided with a date and time when they can be best accommodated and will not be considered a no-show).
The administration of the citizenship knowledge test to applicants that require accommodation should be done in a manner that provides the applicant with an appropriate environment to take the exam.
Testing procedures for applicants that require accommodations
- The applicant must be notified of the date, time and location of the knowledge test and/or hearing, typically through an invitation. In the case of one-on-one events such as an oral test or hearing, the applicant should be contacted to ensure they can attend the appointment. The official must provide the list of documents that the applicant must bring.
- If applicable, an in-person test should be administered in a private area or room separate from other test candidates. The area or room should allow for the applicant to clearly hear the official reading the questions and for the official to hear the responses of the applicant.
- To allow for additional time that will be required to administer the test and verify responses, applicants with disabilities may require extra time to take the test. They have up to 90 minutes, though flexibility should be provided if additional time is required.
- The IRCC official will only be able to read the questions and related choices as written and, if necessary, record responses. Rewording, reformulating, or attempting to explain what the written questions or choices mean is not permitted. Should an applicant be having difficulty, an offer can be made to return to the question later, if time permits.
- Before commencing the administration of the test, applicants are to be advised they will be required to sign a declaration indicating that they have agreed to the administration of the written test with the assistance of an IRCC official, they have heard and understood the questions and choices as read to them and that, where applicable, they have had the chance to review the answers selected and confirm that these are the answers they provided. Upon completion of the administration of the test, the applicant will be asked to complete and sign the declaration, which will be placed on the applicant’s file.
- The result of the test should be provided only after the applicant has completed and signed the declaration. From this point on, typical testing procedures apply. The applicant should be reminded that, as per the declaration, in the event another test is necessary, the same conditions of accommodation apply.
- An oral test does not count as a hearing. Though the hearing is an oral assessment, clients can request an oral test to replace the written test. They are still entitled to the same number of test attempts as applicants who take the written test.
If the oral test or hearing is administered via Microsoft (MS) Teams, please see Citizenship knowledge testing for specific information on administering the knowledge test via Microsoft Teams.
Large print test
Large print versions of the knowledge test are provided to local offices each time new versions of the test are issued. The study guide is also available in large print. Copies of the study guide can be ordered here; an email is required to order accessible versions, such as large print and Braille.
For in-person tests using large print, citizenship officials should ensure that
- they verify with the applicant, using the instruction page, whether they can clearly read the large print test. If the applicant still cannot read the large characters, they can be offered to take the test with the assistance of a citizenship officer;
- the applicant is seated apart from others taking the test because the size of the large print can easily be viewed by others;
- the applicant is taken aside and explained why they are seated apart from the group (large characters);
- the duration of the test is the same as for any other written tests (45 minutes);
- the large print answer sheet is provided with the large print test; and
- local offices using the Scantron sheet provide the applicant with an enlarged page.
If the test is taken online, accessibility software can typically be used while taking the test or the client can zoom in to make the characters larger.
Braille test
Braille versions of the study guide are available to clients. Copies of the study guide can be ordered here; an email is required to order accessible versions, such as large print and Braille.
Allow a minimum of 4 weeks to receive the Braille integral version.
The applicant can be scheduled for a knowledge test event once the Braille test has been received at the local office.
The applicant must be notified of the date, time and location of the knowledge test. The officer must give the list of documents that the applicants must bring.
When inviting applicants to take the test, officers should advise applicants that they can bring their own Braille typewriter to type their answers. If they do not have access to a Braille typewriter, they can still take the test in Braille.
The Braille integral test should be administered in a private location. At this knowledge session, citizenship officers can circle the applicant’s responses to the questions directly on the answer sheet.
The procedure for administering the knowledge test in Braille consists of the following steps:
- ensure a citizenship officer will be available throughout the test;
- reserve a separate room to administer the test;
- verify the applicant’s identity;
- verify original documents against those submitted with the application (when required);
- compare declared absences against all passports and travel documents in the applicant’s possession (when required);
- accompany and guide the applicant to the test room as required; and
- give the applicant the instructions orally.
If the applicant brings their own Braille typewriter
- The office must supply the applicant with a desk large enough to hold both the Braille test and the typewriter with both items within easy reach.
- The applicant takes the test in Braille and answers using their own typewriter; they can indicate only the question number and the answer (a, b, c, d, etc.). That way, they can review their answers and make corrections, if necessary.
- Once the test has been completed, the applicant orally translates their written Braille answers to the officer. The officer will verify the answers with the applicant and note the answers with a lead pencil on the answer sheet, which will then be marked.
- Information about the results, including the score, should be added to the Global Case Management System (GCMS) in a detailed case note.
If the applicant does not bring their own Braille typewriter
- The applicant uses the Braille version of the test to read the questions and to refer to, and then gives their answers orally to the officer.
- As soon as the applicant gives their answers, the citizenship officer writes them down on the answer sheet with a lead pencil. In that manner, the applicant can verify, confirm and correct their answers with the officer’s help.
Braille test time
Reading a text in Braille generally takes twice as long as reading the same text in traditional formats. To allow the necessary time, applicants taking the Braille test should be given 90 minutes, though more time can be provided if necessary.
Deaf applicants and sign language interpreters
Note: Citizenship officers are not interpreters and should not act as interpreters. It is the applicant’s responsibility to provide their own interpreter or request IRCC arrange an interpreter for them.
In some cases, when an applicant is deaf, depending on the applicant’s ability to read and understand English or French, the written test can still be administered. However, the applicant may also be eligible for a waiver of knowledge and/or language requirements. See Citizenship: waivers on compassionate grounds.
For applicants who require sign language interpretation and wish to pursue this option, the sign language interpreter will be allowed to be present for the administration of the written test with the assistance of an IRCC official. The local office must contact the applicant before the scheduled appointment to give the applicant the choice of bringing a sign language interpreter or using an interpreter supplied by IRCC. If the applicant wishes IRCC to arrange for an interpreter, IRCC staff should refer to the list of interpreters referenced on Connexion. If there are no listed interpreters that can provide the services required, you may find an interpreter through a local service. Please follow regular steps to obtain permission for the appropriate cost through your local office procedures. See the procedure for sign language interpreters.
The Accompanying person declaration and interpreter’s oath form [CIT 0117] must be completed whenever a sign language interpreter is used. A new CIT 0117 must be completed and uploaded into GCMS each time an accompanying person and/or interpreter is used.
A sign language interpreter may be allowed to interpret the instructions given to the applicant at a written test. The instructions can also be given to the applicant in writing if they have difficulty understanding oral instructions. However, once the instructions have been given, the sign language interpreter must leave the testing room because the use of a sign language interpreter during the test is generally prohibited (except in the case of an oral test or hearing, where the sign language interpreter is required to stay).
If a deaf applicant doesn’t pass their test attempts and must attend a hearing, a sign language interpreter may be used for the entirety of the hearing in order to sign the test questions to deaf applicants in American Sign Language (ASL) or Quebec Sign Language (LSQ). Alternately, a waiver may be requested.
In an oral test or hearing, the role of the sign language interpreter will be to interpret the applicant questions and related choices, as read by the IRCC officer, and to provide the applicant’s answer to the IRCC official. Only the IRCC official or applicant may record the applicant’s answer on the answer sheet.
Note: Sign language interpreters are also permitted to accompany an applicant during a hearing to assess any of the other citizenship requirements, such as the physical presence requirement. See Persons acting as interpreters.
Other interpretation for the citizenship test
Applicants are unable to take the citizenship test with non-official language interpretation; they can’t use interpreters other than sign language interpreters for the assessment portion of the citizenship test.
If the applicant’s circumstances fit within compassionate grounds, a waiver may be requested. See Citizenship: waivers on compassionate grounds.
Concerns with interpreters during an oral test or hearing
In conducting oral tests or hearings, citizenship officers have the discretion to halt or stop the oral test or hearing if they feel that the interpreter is not providing a faithful interpretation of the questions asked or of the answers provided by the applicant. The oral test or hearing will be rescheduled, and the applicant will be directed to provide a different interpreter. See Persons acting as interpreters.
Non-official language interpretation is not permitted at a knowledge hearing (except for providing instructions before the assessment is administered). If the circumstances fit within compassionate grounds, a waiver may be requested. For more information, see Citizenship: waivers on compassionate grounds.
For more information on interpreters, please see section below Persons acting as interpreters.
Additional time for a citizenship test
In some cases, an applicant may have a disability that requires additional time to take the test, but does not require other accessibility measures, such as an oral test. In this case, since IRCC is not able to make adjustments to the time allotment of the online test, the test will need to be scheduled via Microsoft Teams or in-person in a private room to minimize distractions. Applicants are provided with 90 minutes by default to write the test when they provide acceptable supporting documentation to show why it is required. If the applicant needs more than 90 minutes, they may request additional time and this should be provided to them.
Accessibility at citizenship ceremonies
Seating at an in-person ceremony
If applicable to the type of accommodation required by the candidate, seat them in the first row and have the presenter take the citizenship certificate to them (i.e., people in wheelchairs or otherwise with limited mobility, that need a sign language interpreter, or people with hearing/vision impairments). If the candidate has an interpreter or accompanying person, they should be seated next to the candidate. Effort should be made to seat members from a family/group together.
If the candidate requires assistance reading forms, IRCC staff should assist and ensure the candidate understands what is being read to them before the candidate signs or marks the form.
Candidates with visual impairment
To ensure candidates with visual impairment have access to the wording for the oath of citizenship, they can be referred to the external website for both audio and text versions. If local staff require a Braille version of the oath of citizenship, they can order them through Publications by following these distribution instructions. Large print versions of the oath of citizenship are available to be printed at local offices and can be provided to candidates.
If visually impaired candidates require assistance reading and signing forms and do not have an accompanying person to assist them, IRCC will provide assistance (i.e., reading forms, explaining where to sign the forms). The candidate is responsible for signing or marking the form.
Candidates with a hearing impairment
If candidates with hearing impairments require a sign language interpreter and do not have access to one, IRCC will make arrangements to provide a sign language interpreter for the ceremony or other citizenship events.
Sign language interpreter
- For oath taking, the interpreter needs to be in a prominent position that is visible for the candidate. For example, for an in-person ceremony, the interpreter should stand at the front of the room and for a virtual ceremony, the interpreter should be “pinned” to the main screen, so they are visible to the candidate.
- The interpreter will repeat the oath after the presiding official, in the appropriate sign language, to the candidate. The candidate repeats the oath back in the same sign language and will nod to indicate their understanding of the contents of the oath. The interpreter does not need to repeat aloud what the candidate says, and the candidate does not need to raise their right hand (since they are signing), nor repeat the oath aloud if they do not wish to do so.
- The Accompanying Person Declaration and Interpreter’s Oath [CIT 0117] form should be completed if a citizenship officer needs to conduct an interview or questioning that is not part of the standard ceremony. If the same interpreter was used at a previous interaction and the form is on file, then a new form does not need to be completed for the ceremony only.
- The signature of the oath form must take place with the interpreter present to ensure that the candidate has accepted and is bound by the contents of the oath. The interpreter reads the oath form and translates the contents of the oath form in sign language to the candidate. The above procedure has to be explained to the candidate and to the interpreter prior to the ceremony. The sign language interpreter will not only translate the oath, but also all procedures related to the ceremony.
- For more information on using a sign language interpreter at citizenship events, please see Persons acting as interpreters.
Candidates with a writing impairment
Some candidates are unable to sign the oath form due to a physical impairment (medical condition, injury, etc.), but are capable of saying the oath and understanding the meaning of the oath. For these cases, explain to the candidate that they can sign with an “X” or another mark in the signature box if they are able. If they are not able to sign with an “X” or other physical mark, citizenship staff should include the following note in the GCMS and on the oath form: “Applicant unable to sign form due to medical condition but took the oath.” This will be included in the archived version of the file.
Candidates with a speech impairment
Some candidates may not be able to physically say the oath out loud for medical reasons but can understand the meaning of the oath. For these candidates, citizenship staff can request a private ceremony and involve the judge in private ceremony planning. In these circumstances, the candidate may take the oath by nodding their head or blinking their eyes in agreement after each line of the oath is read by the judge.
Candidates with other disabilities
In some cases, the above-stated accommodations will not be suitable for the candidate’s situation. In these cases, make efforts to accommodate the candidate in a way that will allow them to participate in a citizenship ceremony. An example would be a candidate with sensory issues who identifies an in-person ceremony may be difficult but could more comfortably attend virtually. Make efforts to interact with the candidate and find a suitable solution; do not assume one type of accommodation will work for everyone.
Waiving the oath of citizenship
For clients whose circumstances can’t be accommodated through accessibility measures, they may be eligible for a waiver of certain requirements under compassionate grounds.
- For adults 18 and older, oath waivers can only be provided if candidates are prevented from understanding the significance of taking the oath of citizenship by reason of a mental disability.
- For minors 14 and older, an oath waiver can be provided under broader compassionate grounds.
See Citizenship: waivers on compassionate grounds for more information.
Accompanying persons
An applicant may bring an accompanying person, including an interpreter, to attend citizenship events. IRCC must receive a completed Accompanying person declaration and interpreter’s oath form [CIT 0117].
Who can be an accompanying person
An accompanying person can be a friend, a relative, representative or counsel, or any other person who accompanies the citizenship applicant to provide support at the proceedings and during interactions with case processing agents, citizenship officers or citizenship judges.
For example, accompanying persons may be present to provide moral support or assistance to applicants with physical disabilities.
The accompanying person should not have a citizenship application in progress.
When accompanying persons may be allowed
Accompanying persons who are attending for accommodation purposes may be allowed during the following activities:
- verification of an applicant’s identity;
- the screening (CLST) of the applicant’s ability in one of Canada’s official languages during an interview;
- the instructions at the beginning of a test or language/knowledge hearing or next steps provided after the assessment;
- the assessment of the applicant’s knowledge of Canada and the responsibilities and privileges of citizenship at a test or hearing (if the applicant has a disability and requires the accompanying person for accommodation reasons); and
- a hearing with a judge.
When accompanying persons may not be allowed
Accompanying persons are permitted to be present for the instructions at the beginning of a test or hearing. Accompanying persons are not allowed to be present in the room at the knowledge test sessions, except when they are accompanying applicants with disabilities who need assistance from the accompanying person at that time. For details on the knowledge test and interpreters, see Accommodations for citizenship tests and knowledge and/or language hearings.
Criteria for accompanying persons
Regulatory framework for accompanying persons of applicants appearing in front of a citizenship judge
The relevant provisions for the use of accompanying persons are paragraphs R12(2)(a) and R12(2)(c) of the Citizenship Regulations.
Section 12 of the Citizenship Regulations states the following:
- 12 (2) A citizenship judge may permit an applicant to be accompanied by
- a person who does not have a citizenship application in progress;
- a person acting as an interpreter who is at least 18 years old and who does not have a citizenship application in progress; and
- any other person, if their exclusion would cause the applicant undue hardship.
- 12 (3) A person referred to in paragraph (2)(b) or a person referred to in paragraph (2)(c) who also acts as an interpreter must have sufficient knowledge of one of Canada’s official languages in order to be able to understand the judge’s instructions and questions and to communicate with the judge.
Subsection R12(2) gives a citizenship judge the discretion to determine whether to allow an accompanying person to be present at hearings.
As per paragraph R12(2)(a), the accompanying person should not have a citizenship application in progress. This provision is to prevent an accompanying person who is also applying for citizenship from becoming privy to information about the citizenship process that would give them an unfair advantage over other applicants and therefore weaken the integrity of the citizenship process.
However, in cases where the accompanying person has a citizenship application in progress and/or the accompanying person is under the age of 18, the citizenship judge may allow the accompanying person to be present at the hearing if their exclusion would cause undue hardship to the applicant.
Criteria for accompanying persons for case processing agents and citizenship officers
The rules for when accompanying persons are allowed at citizenship events are similar to the guidelines for judge hearings reflected in the Regulations.
The accompanying person should not have a citizenship application in progress. This is to prevent an accompanying person who is also applying for citizenship from becoming privy to information about the citizenship process that would give them an unfair advantage over other applicants and, therefore, weaken the integrity of the citizenship process.
However, in cases where the accompanying person has a citizenship application in progress and/or is under the age of 18, the case processing agents or citizenship officer has the discretion to take into consideration a variety of factors, particularly the potential hardship on the applicant if the accompanying person were excluded, to determine whether to allow the accompanying person’s presence at the interview or hearing (refer to the Assessment factors section).
Before the proceedings
The Information on Accompanying Persons and Interpreters [CIT 0469] form should be sent to applicants prior to their appearance before a case processing agent, citizenship officer, or citizenship judge if the applicant has contacted the local office to indicate that accommodation, specifically the need for an accompanying person and/or interpreter, is required.
This is to ensure the applicant is well informed about who is permitted to accompany them and why the citizenship official takes time to assess whether the presence of the accompanying person should be granted.
At the proceedings
Verification of the accompanying person
When an applicant brings a person to accompany them to the citizenship proceedings, the following steps should take place prior to the interview or hearing:
- An IRCC official must ask the person whether they will be acting in the capacity of an accompanying person or an interpreter for the applicant.
- An IRCC official will then require the accompanying person to fill out and sign the Accompanying Person Declaration and Interpreter’s Oath form [CIT 0117] authorizing IRCC to verify in the GCMS on the age of the interpreter and their application. An IRCC official will also ask the accompanying person for their identity document to confirm their identity.
An Accompanying Person Declaration and Interpreter’s Oath form must be completed whenever an accompanying person is present at a test, interview, or hearing. This form is used to provide IRCC with authorization to verify whether the accompanying person has a citizenship application in progress. The citizenship official must ensure the accompanying person reads and signs the form.
- The citizenship official witnesses and dates the form. The citizenship official also verifies the accompanying person’s age and application status in GCMS. After the form is completed by the official, it is scanned and uploaded into GCMS to become part of the applicant’s file.
Note: In cases where the accompanying person has a citizenship application in progress, the citizenship official administering the citizenship event will be responsible for assessing and determining whether to allow the accompanying person to be present during the proceedings (see next section on undue hardship for more information).
Important: If an accompanying person begins translating for the applicant during the citizenship event, the citizenship official should stop the proceedings and confirm whether the accompanying person will be acting as an interpreter. If the accompanying person agrees to become an interpreter, the procedures for interpreters must be followed. This step must be completed prior to the continuation of the event.
Cases where the accompanying person has a citizenship application in progress (undue hardship)
In cases where the accompanying person has a citizenship application in progress, the citizenship official responsible for administering the interview or hearing should take into consideration a variety of factors, particularly the potential hardship on the applicant, to determine whether to allow the presence of the accompanying person during the proceedings.
Within these procedures, “citizenship official” refers to a case processing agent, citizenship officer, and/or citizenship judge. If procedures only apply to a specific role, the title of that role will be used (i.e., judge).
What is undue hardship
For citizenship judges, paragraph R12(2)(c) of the Citizenship Regulations provides the judge with the discretion to allow a person who does not meet the criterion in paragraph R12(2)(a) and/or R12(2)(b) to accompany an applicant if the exclusion of that person would cause the applicant undue hardship.
Case processing agents or citizenship officers can also assess whether excluding an accompanying person from a test, interview, or hearing would cause the applicant undue hardship.
Undue hardship is a difficult threshold to meet. In some cases, refusing the presence of an accompanying person at a hearing will cause hardship, inconvenience, or awkwardness to the applicant, but this does not meet the threshold of undue hardship. The hardship faced by the applicant must be excessive or disproportionate to be considered undue.
Undue hardship may differ for each individual and is determined on a case-by-case basis. It is assessed by weighing all the evidence presented by the applicant about the hardship they would face if the accompanying person were excluded from the hearing.
Factors on which an applicant might rely to show undue hardship if an accompanying person were excluded from the hearing could include, but are not limited to, the
- applicant’s health condition;
- cost and time to travel to an IRCC office for a hearing if it were rescheduled; and
- availability (or lack thereof) of another person to act as an accompanying person.
The determination of hardship on the applicant will be unique in each case and must be analyzed on its own merit by the citizenship official when deciding whether to allow an accompanying person to attend the proceedings.
Assessment process and steps
In cases where the accompanying person has a citizenship application in progress, the following steps may take place:
- A) The case processing agent or citizenship officer should let the applicant know that the accompanying person may not be allowed at the citizenship event because they have a citizenship application in progress.
B) For citizenship judges, they should let the applicant know that, as per paragraph R12(2)(a), an accompanying person may not be allowed at the hearing when they have a citizenship application in progress. - The citizenship official should ask the applicant whether the exclusion of the accompanying person would cause the applicant any hardship or difficulties and why. The onus is on the applicant to provide all relevant information to explain how the situation constitutes undue hardship.
- The citizenship official should take other factors into consideration in their determination regarding whether to allow the presence of an accompanying person during the proceedings, which include:
- commitments that would make it difficult for the applicant to come back to the IRCC office with a different accompanying person;
- the high cost of travelling to the IRCC office, if rescheduled;
- a mental or physical disability of the applicant’s for which they need support or assistance from the accompanying person; and
- availability (or lack thereof) of another person to act as an accompanying person.
- If the citizenship official determines that undue hardship exists and the accompanying person should be allowed to attend, they may proceed with the interview or hearing in the presence of the accompanying person.
- If the citizenship official determines that undue hardship does not exist and the accompanying person is not allowed to attend, they may ask the applicant if they would like to
- proceed without the accompanying person; or
- have the proceedings rescheduled and bring a different accompanying person.
- The citizenship official should ask the applicant if they received the Information on Accompanying Persons and Interpreters [CIT 0469] form prior to the event. If the applicant did not receive the Information on Accompanying Persons and Interpreters, the information sheet should be provided to them following the interview or hearing.
- At the end of the interview or hearing, the citizenship official must document all the evidence used to determine why the presence of the accompanying person was allowed or refused. The notes should be placed on the applicant’s file in GCMS to document what has transpired. Notes from a judge must be added by a local office, as judges are unable to access GCMS.
Accompanying persons and minor applicants
Program integrity interview (case processing agents and citizenship officers)
Parents or legal guardians can accompany a minor to an appointment for a program integrity interview or hearing to provide support.
Residency hearing (citizenship judges)
Minors applying as an adult must meet the residency requirement, unless prevented from doing so by special circumstances. See Minor applying under subsection 5(1). Therefore, in limited circumstances, minors may need to participate in hearings with judges.
Parents or guardians can accompany a minor to a residency hearing for support, but they are not permitted to provide assistance to the minor during any assessment, unless the minor is very young. Both citizenship officials and minors with their parents/guardians can determine if parents/guardians should be able to assist the minor in the assessment.
If parents or guardians are also scheduled for a residency hearing, the citizenship judge should assess them prior to any minor applicants.
Considerations for minors
- Citizenship officials should be flexible in allowing parents or guardians to be present during an interview or hearing.
- Minors must be able to meet the requirements on their own merit.
- Minors should be given the opportunity to express their views and wishes, including having a parent or guardian present.
- If parents or guardians insist on being present with the minor or the minor insists on having their parents or guardians present, citizenship officials should allow the parent(s) or guardian(s) to be present.
- Parents should be instructed that they are not to interfere with the assessment.
When to cease the use of an accompanying person
Citizenship officials have discretion to end the participation of an accompanying person at any time. The following situations may be grounds for the official to ask an accompanying person to leave the proceedings:
- the accompanying person is assisting an applicant and seems to be providing the answers to or on behalf of the applicant;
- the accompanying person is disruptive;
- the accompanying person takes notes;
- the citizenship official becomes aware that the accompanying person has a citizenship application in progress. In this case, the citizenship official may need to assess if asking the accompanying person to leave the interview or hearing would cause any undue hardship to the applicant.
If the citizenship official ends the participation of the accompanying person, they may ask the applicant if they would like to
- proceed without the accompanying person; or
- have the proceedings rescheduled and bring a different accompanying person.
The notes taken by the citizenship official should be added to GCMS to document what has transpired. In the case of judge’s notes, IRCC staff will need to upload them to GCMS.
Misrepresentation
If the citizenship official becomes aware that the accompanying person has a citizenship application in progress, despite having attested that they do not, they may refer the matter to the office supervisor to conduct a determination on misrepresentation.
As per subsection 14(1.1) of the Citizenship Act, a citizenship judge is not authorized to make a determination on the physical presence requirement until the completion of any investigation or inquiry for the purpose of asserting whether misrepresentation has occurred.
Authorized representative
When a citizenship official has concerns that an accompanying person who is an authorized, paid representative is affecting program integrity or not complying with the intent of the Accompanying Person Declaration and Interpreter’s Oath form:
- The case processing agent or citizenship officer should follow office investigation procedures and potentially share this information with a regulatory body.
- The citizenship judge should raise this matter with the local office supervisor, who will take the necessary steps to determine if a local investigation is warranted.
Persons acting as interpreters
An interpreter is a person who interprets and translates from the language of the applicant into the official language being used in the proceedings and vice versa.
An interpreter should be used in circumstances when applicants are not able to understand, read or speak one of Canada’s official languages during the citizenship process. If an interpreter is not present and the citizenship official determines that the applicant cannot continue the interview or hearing in English or French, the hearing should be rescheduled and the applicant should be asked to bring an interpreter.
Who can be an interpreter
An interpreter can be a friend or relative of the applicant or any other person.
IRCC recommends applicants use the services of an accredited interpreter.
The person acting as an interpreter
- should be at least 18 years old;
- should not have a citizenship application in progress;
- must have sufficient knowledge of English or French to communicate with IRCC officials; and
- must be able to provide the required assistance.
For more details on criteria for interpreters, please see Criteria for interpreters.
Legal framework
Section 14 of the Charter of Rights and Freedoms provides that a party or witness in any proceeding who does not understand or speak the language in which the proceeding is conducted has the right to the assistance of an interpreter.
To uphold this right:
- citizenship officials may allow an interpreter to assist an applicant to understand the procedures and to facilitate communication during an interview, a hearing, or any other interaction with the applicant during the citizenship process; and
- an interpreter is allowed to attend the citizenship ceremony and the signing of the oath of citizenship.
Criteria for interpreters
Regulatory framework for interpreters of applicants appearing in front of a citizenship judge
Section 12 of the Citizenship Regulations states the following:
- 12 (2) A citizenship judge may permit an applicant to be accompanied by
- a person who does not have a citizenship application in progress;
- a person acting as an interpreter who is at least 18 years old and who does not have a citizenship application in progress; and
- any other person, if their exclusion would cause the applicant undue hardship.
- 12 (3) A person referred to in paragraph (2)(b) or a person referred to in paragraph (2)(c) who also acts as an interpreter must have sufficient knowledge of one of Canada’s official languages in order to be able to understand the judge’s instructions and questions and to communicate with the judge.
The relevant provisions for the use of interpreters are paragraphs R12(2)(b) and R12(2)(c) and subsection R12(3).
As per paragraph R12(2)(b), the person acting as an interpreter should:
- be at least 18 years old; and
- not have a citizenship application in progress.
This is to ensure the interpreter is mature enough to understand and appreciate the importance of the proceedings and the questions from the judges.
Additionally, this prevents an interpreter who is applying for citizenship from becoming privy to information about the citizenship process that would give them an unfair advantage over other applicants and therefore weaken the integrity of the citizenship process.
Exceptions to criteria
- Paragraph R12(2)(c) provides that a person who is under 18 years old or who has a citizenship application in progress may act as an interpreter if their exclusion would cause undue hardship to the applicant.
- Subsection R12(3) provides that interpreters must have sufficient knowledge of one of Canada’s official languages in order to be able to understand the judge’s instructions and questions, and to communicate with the judge. This requirement cannot be overcome on the basis of undue hardship.
Criteria for interpreters for case processing agents and citizenship officers
The rules for interpreters at citizenship events other than judge hearings are similar to the guidelines for judge hearings reflected in subsections 12(2) and 12(3) of the Regulations.
A person should not act as an interpreter if they are under 18 years of age and/or if they have a citizenship application in progress.
This is to ensure the interpreter is mature enough to understand and appreciate the importance of the proceedings and the questions from the citizenship officials.
Additionally, this prevents an interpreter who is applying for citizenship from becoming privy to information about the citizenship process that would give them an unfair advantage over other applicants and therefore weaken the integrity of the citizenship process.
However, in cases where the interpreter is under 18 years of age and/or has a citizenship application in progress, the case processing agent or citizenship officer has the discretion to take into consideration a variety of factors, particularly the potential hardship on the applicant if the interpreter were excluded from the proceedings, to determine whether to allow the interpreter to attend the proceedings (refer to Assessment factors section).
When interpreters are not allowed
The use of an interpreter is not allowed during the following specific activities:
- the screening (CLST) of the applicant’s ability in one of Canada’s official languages during an interview;
- the assessment of the applicant’s knowledge of one of Canada’s official languages at a hearing;
- the written knowledge test session (except for the instructions); and
- the assessment of the applicant’s knowledge of Canada and the responsibilities and privileges of citizenship at a hearing (for applications received on or after June 11, 2015).
Exception: In cases of deaf applicants, ASL or LSQ interpreters are allowed to provide interpretation for oral tests as well as language and/or knowledge hearings for both the instructions and assessment portions of the events.
Before the proceedings
Send the Information on Accompanying Persons and Interpreters form
The Information on Accompanying Persons and Interpreters form [CIT 0469] should be sent to applicants prior to their appearance before a case processing agent or citizenship officer.
This is to ensure that the applicant is well informed about the guidelines for the use of accompanying persons and/or interpreters.
Considerations for deaf applicants
Procedural fairness for deaf applicants
To respond to a situation where a person who may need accommodation is required to appear at a local office, the application form permits applicants to identify the type of accommodations they require.
When applicants declare on the application form that they are deaf and require a sign language interpreter, IRCC will give the applicants the choice of bringing their own interpreter to the interview, hearing and/or citizenship ceremony, or using the services of a competent and independent sign language interpreter, arranged and paid for by IRCC.
Procedure for sign language interpretation services (for case processing agents and citizenship officers)
The local office contacts the applicant before the scheduled appointment to give the applicant the choice of bringing a sign language interpreter or using one supplied by IRCC. If the applicant wishes IRCC to arrange for an interpreter, IRCC will make arrangements for sign language interpretation.
Applicants requiring a sign language interpreter are expected to participate in a standard ceremony; refer to Accessibility at citizenship ceremonies for more information on how sign language interpreters participate during the citizenship ceremony. If requested by the applicant, the local office will arrange and pay for a sign language interpreter to be present at the ceremony, whether in person or virtual.
Note: Many people who have a hearing disability use a hearing aid to assist them. However, background noise and other sounds can be bothersome if they use a hearing aid during the test period or the hearing session. These background noises are sometimes amplified by several decibels and may be painful or distracting for the applicant. In some cases, it might be more appropriate to extend the test period or to administer the test in a separate room in order to meet the applicant’s needs.
Multiple interpreters
For applications received on or after June 11, 2015, paragraph 5(1)(e) of the Citizenship Act requires that the knowledge of Canada and the responsibilities and privileges of citizenship be demonstrated in either English or French or in ASL or LSQ.
Consequently, only ASL and LSQ interpreters are allowed at the citizenship knowledge hearing or oral test with deaf applicants (aged 18‑54) whose application is received on or after June 11, 2015. If the applicant does not use ASL or LSQ, refer to the Citizenship: waivers on compassionate grounds.
Note: IRCC covers the cost of ASL and LSQ interpreters.
In most interactions with citizenship officials and judges, it is acceptable to have a deaf applicant use one interpreter to interpret from their native sign language to ASL, LSQ, or another spoken language, and to have another interpreter to interpret from that language to English or French for the citizenship judge or official.
Requesting interpreters (for officers and agents)
To arrange for an interpreter, IRCC staff should refer to the list of interpreters. If there are no listed interpreters that are available to provide the services required, you may find an interpreter through a local service. Please follow regular steps to obtain permission for the appropriate cost through your local office procedures.
Services provided by federal government departments or agencies (for officers and agents)
When a deaf person from the private sector (non-public servant) requests that an interpreter be provided, it is the responsibility of the federal department or agency to ensure that the person’s needs are met.
Procedure (for officers and agents)
The request for visual interpretation must come from a governmental office. It is important to organize visual interpretation services well before the date of the event, as it is not always possible to arrange these services last minute.
In the event that all or part of the activity is cancelled, or the dates are changed, IRCC may be billed for the interpretation fees. Please make note of the cancellation policies of the interpretation service selected.
At the proceedings
Verification of the interpreter
When an applicant brings a person to act as an interpreter for them at citizenship proceedings, whether in-person or virtual, the following steps should take place prior to the interview or hearing:
- An IRCC official must ask the person whether they will be acting in the capacity of an accompanying person or an interpreter for the applicant.
- An IRCC official will then require the interpreter to fill out and sign the Accompanying Person Declaration and Interpreter’s Oath form [CIT 0117], authorizing IRCC to verify information in GCMS on the age of the interpreter and their application. An IRCC official will also ask the interpreter for their identity document to confirm their identity.
An Accompanying Person Declaration and Interpreter’s Oath form must be completed whenever an interpreter is present at a test, interview or hearing. This form is used to provide IRCC with authorization to verify whether the interpreter has a citizenship application in progress. The citizenship official must ensure the interpreter reads and signs the form. With respect to ceremonies, this form should be completed if a case processing agent, citizenship officer, or citizenship judge is required to conduct an interview or questioning that is not part of the standard ceremony.
A minor who is 10 years of age or older and who acts as an interpreter must sign the Accompanying Person Declaration and Interpreter’s Oath form. Minors are only used as interpreters under exceptional circumstances (see undue hardship).
- The citizenship official witnesses and dates the form. The official also verifies the interpreter’s age and application status in GCMS. After the form is completed by the IRCC official, it is scanned and uploaded into GCMS to become part of the applicant’s file.
Note: In cases where the interpreter is under 18 and/or has a citizenship application in progress, the citizenship official administering the citizenship event will be responsible for assessing and determining whether to allow the interpreter to be present during the proceedings (see next section on undue hardship for more information).
- At the beginning of the interview or hearing, the citizenship official should have a short conversation with the interpreter to ensure that the interpreter has sufficient knowledge of English or French to be able to understand the officer’s instructions and questions.
- If the citizenship official has doubts that the interpreter has adequate knowledge of English or French, the officer or the case processing agent should use the Language Assessment Tool for Interpreters (LATI) before starting the interview or hearing. Refer to the section on language assessment of interpreters below.
Important: The interpreter must have sufficient knowledge of English or French in order to act as an interpreter for an applicant during a hearing. This requirement cannot be overcome on the basis of hardship to the applicant when determining whether to allow the interpreter to attend the proceedings.
Cases where the interpreter is under 18 years old and/or has a citizenship application in progress (undue hardship)
Assessment factors
When to assess undue hardship
- At an interview or hearing (including a physical presence hearing before a citizenship judge), the citizenship official may permit an applicant to be accompanied by an interpreter who is under 18 years old and/or has a citizenship application in progress.
- In cases where the interpreter is under 18 years old and/or has a citizenship application in progress, the citizenship official may permit the interpreter’s presence at the hearing if it is determined that the exclusion of the interpreter would cause the applicant undue hardship.
Guidelines for the assessment of undue hardship
The following are guidelines for the assessment of undue hardship in cases where the interpreter is under 18 years old and/or has a citizenship application in progress:
- The determination of undue hardship is done on a case-by-case basis.
- The onus is on the applicant to provide all relevant information to explain how the situation constitutes undue hardship.
- The citizenship official should document the evidence and considerations that resulted in the applicant’s request for an interpreter to be granted or refused on the basis of undue hardship. The citizenship official’s notes should be placed on the applicant’s file and in GCMS to document what has transpired.
The citizenship official may wish to consider the following:
- applicant’s health condition (for example, the applicant has a mental or physical disability that makes them uncomfortable communicating with the official in the presence of an alternative interpreter);
- cost and time to travel to the IRCC office for an interview or hearing if it is rescheduled (e.g., the high cost of travelling to the IRCC office, the length of time for the applicant to travel to the IRCC office, the applicant’s job or other commitments that would make it difficult for them to return to the IRCC office with a different interpreter); and
- availability (or lack thereof) of another person to act as an interpreter (for example, the applicant lives in an area where there are few people available who speak the applicant’s language or dialect, making it difficult or impossible for the applicant to find an alternative interpreter).
In addition, the citizenship official may also consider the maturity and level of understanding of the interpreter, if they are under 18 years old.
The determination is unique to each case and must be analyzed on its own merit when deciding whether to allow an interpreter to attend the proceedings.
Assessment process and steps for undue hardship
In cases where the interpreter is under 18 years old and/or has a citizenship application in progress, the following may take place:
- The citizenship official should let the applicant know that the interpreter may not be allowed to attend the interview or hearing because they are under 18 years old and/or have a citizenship application in progress.
- The citizenship official should ask the applicant whether the exclusion of the interpreter would cause the applicant any hardship or difficulties and why.
Important: Access to an interpreter is important; section 14 of the Charter of Rights and Freedoms provides that “[a] party or witness in any proceedings who does not understand or speak the language in which the proceedings are conducted or who is deaf has the right to the assistance of an interpreter”. Therefore, the inability of an applicant to have access to an interpreter and/or if the presence of the interpreter is not allowed, could potentially result in a Charter violation.
- The citizenship official should take other factors into consideration regarding whether to allow the presence of the interpreter during the proceedings. These factors could include:
- commitments that would make it difficult for the applicant to return to the IRCC office with a different interpreter;
- the length of time for the applicant to travel to the IRCC office for a hearing, if rescheduled;
- a mental or physical disability that makes the applicant uncomfortable communicating with the judge in the presence of an alternative interpreter; and
- the applicant living in an area where there are few people available who speak the applicant’s language or dialect, making it difficult or impossible for the applicant to find an alternative interpreter who speaks their language or dialect.
- If the citizenship official determines that undue hardship exists and the interpreter should be allowed to attend, the officer may proceed with the interview or hearing in the presence of the interpreter.
- If the citizenship official determines that undue hardship does not exist and the interpreter should not be allowed to attend, the case processing agent or citizenship officer may ask the applicant if they would like to
- proceed without the interpreter; or
- have their interview or hearing rescheduled and bring a different interpreter.
- The citizenship official should ask the applicant if they received the Information on Accompanying Persons and Interpreters [CIT 0469] prior to the event. If the applicant has not received the Information on Accompanying Persons and Interpreters, the information sheet should be handed out to the applicant following the interview or hearing.
- At the end of the interview or hearing, the citizenship official must document all the evidence used to determine why the interpreter was allowed or not allowed to attend the proceedings. The notes should be placed on the applicant’s file in GCMS to document what has transpired. Notes from a judge must be added by a local office, as judges are unable to access GCMS.
Language assessment of interpreters
Interpreter evaluation
Before starting the interview or hearing, the citizenship official should take the time to have a conversation with the interpreter on everyday topics. Based on this conversation, if the citizenship official has doubts that the interpreter has adequate knowledge of one of the official languages, the case processing agent or citizenship officer should use the LATI to assess the interpreter before starting the interview or hearing. Refer to the LATI guidelines to perform the assessment. The assessment should take five minutes.
LATI guidelines
- The LATI used during the interpreter evaluation should be conducted in the interpreter’s language of choice (English or French).
- Before starting the assessment, the identification section on the first page of the LATI must be completed. The interpreter should be informed that an assessment is about to take place.
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The citizenship official asks one question for each of the three criteria to test whether the interpreter meets the three criteria. If the interpreter is unsuccessful in providing answers complying with each criterion, the citizenship official should postpone the interview or hearing and recommend that the applicant bring another interpreter.
To succeed, the interpreter must
- describe or explain in detail a current process or a series of events with proper use of the present tense and a logical explanation of the process (that is, if you ask the interpreter about their current job duties, they should describe them in present terms, such as “I assist clients by translating languages they don’t understand” instead of “I assisted clients…”);
- compare previous experiences or activities using the past tense and an adequate vocabulary (i.e., the interpreter must describe past events in a past tense, and not a present or future tense); and
- express an opinion or give suggestions using connecting words and provide an explanation to support the opinion expressed.
- The citizenship official writes down their assessment for each criterion (pages 3-5).
- For scoring, the citizenship official ensures that
- the interpreter obtains 3 out of 3 to pass;
- one point is awarded for each satisfactory answer to a question;
- the total marks given for successfully answered questions are recorded under each criterion; and
- the interpreter obtains 0 for each incorrect answer. As the interpreter must be successful in each criterion, as soon as the interpreter fails a question, the citizenship official should stop the evaluation and postpone the interview or hearing.
- The citizenship official reports the scoring on page 1 along with their comments and decision as to whether or not the interpreter was successful.
- When the interpreter evaluation is complete, the citizenship official makes their decision to begin or to adjourn the hearing with the applicant.
- The citizenship official keeps the record of the decision to add to the applicant’s file.
- The citizenship official informs the applicant and the interpreter of the decision.
- If the interpreter is not successful, the citizenship official explains the situation to the applicant and proceeds with postponing the event, unless the applicant is willing to proceed with the hearing without the support of the interpreter.
- Case notes and/or Note to File [CIT 0136] are placed on the applicant’s file in GCMS to document what has transpired. In addition, the first page of the LATI with the score and official’s comments should be uploaded into GCMS.
When to cease the use of an interpreter
Citizenship officials have discretion to end the participation of an interpreter at any time. The following situations may be grounds for the citizenship official to ask the interpreter to leave the proceedings:
- the interpreter is over-assisting the applicant (for example, they seem to provide the answers to or on behalf of the applicant);
- the interpreter’s behaviour is disruptive to the interview or hearing;
- the interpreter is taking notes;
- the interpreter does not pass the LATI;
- the citizenship official becomes aware that the interpreter is under 18 years old and/or has a citizenship application in progress. In these instances, the citizenship official may wish to assess if asking the interpreter to leave the interview or hearing session would cause hardship to the applicant. The citizenship official could also refer the attestation to the office supervisor to conduct a determination on misrepresentation.
If the citizenship official ends the participation of the interpreter, the officer may ask the applicant if they would like to
- proceed without the interpreter; or
- have their interview or hearing rescheduled and bring a different interpreter.
The citizenship official’s notes should be added to the applicant’s file in GCMS to document what has transpired. Notes from a judge must be added by a local office, as judges are unable to access GCMS.
Note: Applicants can be directed to local community organizations that provide interpretation services.
Misrepresentation
If the citizenship official becomes aware that the interpreter has a citizenship application in progress and attested on the interpreter’s oath form that they did not, and/or is under 18 years old and has declared otherwise, the citizenship official may refer their findings to the office supervisor to conduct a determination on misrepresentation.
Misrepresentation could also apply in cases where, in the opinion of the citizenship official, the interpreter is not providing a faithful interpretation of the questions asked or the answers provided by the applicant.
As per subsection 14(1.1) of the Citizenship Act, a citizenship judge is not authorized to make a determination on the physical presence requirement until the completion of any investigation or inquiry for the purpose of asserting whether misrepresentation has occurred.
Authorized representatives
When officers/agents/judges have concerns that an interpreter who is an authorized, paid representative is affecting program integrity or not complying with the intent of the Accompanying Person Declaration and Interpreter’s Oath form:
- case processing agents or citizenship officers should follow office investigation procedures and potentially share this information with a regulatory body.
- citizenship judges should raise the matter with the local office supervisor, who will take the necessary steps to determine if a local investigation is warranted.
Citizenship applicants unable to act on their own behalf
Applicants who cannot understand the significance of becoming Canadian citizens may not be able to legally act on their own behalf. All applicants who are unable to act on their own behalf require a legal guardian to represent them. Minors under the age of 18 are usually represented by their parents.
If a citizenship officer believes an applicant cannot act on their own behalf, the applicant, parent or legal guardian (as required) should be referred to fill out a Medical Opinion Form for Citizenship Waivers [CIT 0547, PDF, 2.6 MB] if it was not already included with the application.
The applicant’s doctor must complete the form. In addition, a document confirming that the applicant is under the legal care of another person is required.
See Guardianship and Citizenship: waivers on compassionate grounds for more information.
Ensure applicant understands impact of citizenship
Citizenship officers and judges are responsible for ensuring applicants clearly understand the significance of the oath and that becoming a Canadian citizen can result in the loss of other citizenship or succession rights.
Occasionally, although an applicant may have provided a Medical Opinion Form for Citizenship Waivers [CIT 0547, PDF, 2.6 MB] indicating that they cannot understand the significance of the oath, they may appear to actually understand the significance. Before the file is transferred for a waiver assessment, any information that may be relevant to a waiver decision should be added to the file.
Applicants can request a waiver of the oath at the time of application, but they may also be referred for an oath waiver by an IRCC official who believes it is required.
See Compassionate grounds for more information.
Affidavit not required for minor
In the case of a minor over 14 years of age, the case will be forwarded with the usual documentation for waiver consideration. An affidavit is not required for minors, as the person authorized by the Citizenship Act to apply on behalf of the child (usually the parent) is the guardian.
Do not administer oath or present certificate
Where it is apparent to a citizenship officer or judge at a citizenship ceremony that an adult applicant is not capable of understanding the significance of the oath even when it is explained in their mother tongue, the oath will not be administered, and the certificate will not be presented. The citizenship officer will request the guardian have the Medical Opinion Form for Citizenship Waivers [CIT 0547, PDF, 2.6 MB] completed and returned to IRCC. Once the guardian returns it, include any relevant documentation and/or any observations for consideration of a waiver of the oath. For additional instructions, see Citizenship: waivers on compassionate grounds.
Guardianship
This section is about individuals who cannot act on their own behalf in the citizenship process because of a mental disability.
The citizenship officer must be confident that the person applying for citizenship understands the significance of what they are doing. If the applicant is unable to understand the significance of citizenship, another person must apply on behalf of the applicant. The citizenship officer must be convinced that the person applying on behalf of the applicant is acting in the best interest of the applicant.
Indications that an applicant cannot act on their own behalf include
- a relative or friend applying for or with the applicant or
- a request to waive the oath, knowledge, and language requirements because of mental disability.
Acting on behalf of an applicant
The citizenship legislation stipulates who may apply on behalf of a minor, and that adults apply for their own applications. There is nothing in the legislation addressing the situation when someone purports to act on behalf of an applicant who has a mental disability. Where there is doubt that a citizenship applicant can conduct their own affairs in the citizenship process, another person must apply on their behalf.
The person acting on behalf of the applicant must provide proof showing they have the legal right and duty to care for the incompetent person or, in the absence of legal documents, an affidavit from the caregiver is required. A citizenship certificate can’t be provided for the applicant until the oath has been successfully waived.
Who can be a guardian
A legal guardian has the legal authority (and corresponding duty) to care for the personal interests of the individual. Nevertheless, the relationship between the parents and the individual may remain. Guardianship can arise in a number of ways, including
- election by the incompetent (power of attorney);
- appointment by the court (judicial court order); and
- assumption of the role of guardian without legal authority (guardianship role assumed by another party).
A parent is considered the guardian for their minor child. The birth certificate or adoption order showing parentage is sufficient evidence. An adoption order or custody documents can also be used for this purpose.
Note: Guardianship is not the same as parentage. A parent may be a guardian, but not all guardians are parents. For citizenship grant applications under 5(2), guardians may not be considered a “Canadian parent” for the purposes of a minor obtaining citizenship unless they are also the minor’s legal parent.
Guardianship assumed
Where guardianship has been assumed (no power of attorney or court order obtained), an affidavit from the caregiver is acceptable. This situation arises most commonly where the parent or sibling has the care for their mentally incompetent adult child or sibling.
Assumed guardianship should only be considered as a last resort if the caregiver can provide IRCC with satisfactory reasons explaining why they cannot provide legal guardianship.
Adult child caregiver of parent
An adult child responsible for their incompetent parent will usually have a court order or power of attorney document.
Documents needed for guardianship
Include with all recommendations to waive oath for medical reasons:
- a completed Medical Opinion Form for Citizenship Waivers [CIT 0547, PDF, 2.6 MB] (if received);
- a completed Waiver Request Form [CIT 0116, PDF, 2.2 MB] (if applicable and received);
- a completed Waiver Request form for Minor Applicants [CIT 0554, PDF], 0.1 MB (if applicable and received);
- the document proving guardianship;
- power of attorney document; and/or
- judicial court order; and/or
- an affidavit, if required.
Using an affidavit
An affidavit is acceptable where guardianship has been assumed and formal documentation is not easily obtained. Affidavits should:
- be written by the guardian in the person’s own style;
- indicate that they are qualified to act on the applicant’s behalf;
- be expressed in simple understandable English or French;
- contain specific information outlined below; and
- include signed statements/letters, outlining the facts, of other family members / interested parties, if available.
If an affidavit was not received with the application and it is discovered at an in-person citizenship event that one is required, an affidavit may be made through a citizenship officer or judge free of charge.
Information required for an affidavit to act on behalf of a citizenship applicant
An affidavit concerning guardianship should include information as follows:
- application number (if known by the guardian);
- (name of guardian) of the city of (name of city) in the province of (name of province) affirm that:
- using the first person, the guardian should state what his/her relationship is to the applicant: (applicant’s name), born on (applicant’s date of birth) in (applicant’s place of birth), whose application for citizenship is being/was made on (date of application);
- the guardian should state why they are acting on behalf of the client (applicant’s name). The guardian should include any relevant facts, including the nature of the relationship with the client and any legal authority presently held showing that the guardian can represent the client;
- the guardian should state whether they are acting in the best interest of the client. The guardian should include any known personal knowledge of the client’s needs and wishes;
- the guardian should state whether a medical certificate in respect to the client is on file or attached to the affidavit;
- the guardian signs the affidavit; an
- the affidavit is attested by an authorized person.
The citizenship officer should be confident that
- the guardian understands the significance of guardianship and what is being done; and
- the guardian is acting in the best interest of the applicant.
After the supporting affidavit(s) are completed and accepted, the person designated to act on the citizenship applicant’s behalf will carry out the normal application process, signing all standard forms on behalf of the applicant.
See Taking affidavits or declarations for more information.
When to obtain documentation
The request for documentation concerning a person who is mentally incompetent should be made as soon as IRCC officials are made aware that the person may be mentally incompetent. The Client Support Centre should inform the caller of the required documentation for guardianship when the caller indicates they are speaking on behalf of a person who is mentally incompetent. Applications accompanied by satisfactory documentation, such as a Medical Opinion Form for Citizenship Waivers [CIT 0547, PDF, 2.6 MB] and evidence of guardianship, may be processed in the usual way. Applicants may be referred to a citizenship officer for a personal appearance.
Where there is no indication prior to a citizenship event that a person may have a guardian, the documentation will be requested as soon as IRCC officials are made aware of the situation.
For additional information, see Minor applying under subsection 5(1) and the related instruction guide Application for Canadian citizenship – Minors (under 18 years of age) applying under subsection 5(1) – (CIT 0403).
Taking affidavits or declarations
This section is about a written statement made under the Canada Evidence Act and taking oaths, affirmations and declarations. This section is not about administering the oath of citizenship.
Who is authorized to administer oaths/affirmations/ declarations
In Canada, an authorized person is the Registrar, a citizenship judge, a citizenship officer, a commissioner for taking oaths, a notary public or a justice of the peace.
Outside Canada, an authorized person is a foreign-service officer, a judge, a magistrate, an officer of a court of justice or a commissioner, authorized to administer oaths in the country in which the person is living.
An oath, affirmation and declaration can all be used for the same purposes: to make a legally binding statement regarding the validity of the content of a document. The oath within this document is not referring to the oath of citizenship.
An oath is made by an applicant or client to one of the authorized parties to take an oath and contains religious wording.
An affirmation is equivalent to an affidavit oath but contains secular wording. It is up to the client/applicant whether they prefer an affidavit oath or an affirmation.
A declaration has the same purpose as an affidavit oath or affirmation but does not require an oath (religious or secular) to be used.
Administering an oath
The oath discussed here is not referring to the oath of citizenship; it refers to a procedure that is equivalent to an affirmation, but with religious wording.
The person making the affidavit signs the document and hands it to the person who has the authority to administer an oath.
The authorized official hands the person a copy of the sacred scriptures of his or her faith. The official then asks:
You have read over this affidavit and are aware of its contents?
The person making the affidavit says:
Yes.
The official then asks:
Do you swear that this is your signature, and that the contents of your affidavit are true, so help you God?
The person making the affidavit may kiss the sacred scripture or hold it in the right hand, and say at the same time:
I do.
Taking an affirmation
Use an affirmation for someone who wants to make an affidavit without an oath, for religious or conscientious reasons.
The person’s statement that he or she does not want to take an oath is enough reason to take an affirmation.
The person making the affirmation must sign the document being affirmed.
The official then asks:
Do you solemnly, sincerely, and truly affirm and declare that this is your signature and that the contents of this, your affirmation, are the truth, the whole truth and nothing but the truth?
The person taking the affirmation says:
I do.
Taking a declaration
A declaration does not require an oath.
The person making the declaration signs it and then hands it to the official, who asks:
You have read over this declaration and are aware of its contents?
The person making the declaration says:
Yes.
The official then asks:
Do you declare that this is your signature and that you make this solemn declaration conscientiously believing it to be true and knowing that it is of the same force and effect as if made under oath and by virtue of the Canada Evidence Act?
The person making the declaration says:
I do.
Visually impaired or literacy issues
If the person taking the oath or making an affidavit or declaration is visually impaired, they should be offered the document in either large print or Braille or be given the option to have it read to them.
If the person taking the oath or making the affidavit or declaration has literacy issues, the official reads the affidavit or declaration to the person.
The official must be sure that the person understands the affidavit or declaration.
The person then signs or makes his or her mark. The rest of the procedures are the same as with other affidavits and declarations.
If the person does not understand English or French
This process is for use with an interpreter with applicants who do not speak either French or English. These applicants should only be those who were not required to meet the language requirement or had the language requirement waived.
The citizenship officer or judge must first swear in or affirm the interpreter, saying:
Do you swear (or affirm) that you understand (the language of the person making the affidavit or declaration) and that you will truly, distinctly and audibly interpret the contents of this (affidavit or declaration) to the deponent and that you will truly and faithfully interpret (to him or her) the oath about to be administered (to him or her), so help you God? (“…so help you God” is omitted if the interpreter chooses to affirm instead of swear.)
The interpreter then swears or affirms the interpreter’s oath, and signs the Accompanying Person Declaration and Interpreter’s Oath [CIT 0117].
The interpreter must then interpret the affidavit or declaration to the person making the affidavit or declaration.