Citizenship Program Overview

Sections 3 and 4 of the Citizenship Act describe persons who are citizens.

A person is a Canadian citizen if

• they were born in Canada
• they became a citizen through the naturalization process in Canada (i.e., they acquired or were granted citizenship under the Canadian Citizenship Act of 1947 or the Citizenship Act of 1977)
• they were born outside of Canada and, at the time of their birth, had a Canadian parent who was eligible to pass on their citizenship
• they were adopted outside Canada by a Canadian parent on or after January 1, 1947, and were granted citizenship

Canadian citizens have rights and responsibilities that are secured by Canadian law, and reflect our shared traditions, identity and values.

Canadian law enshrines rights such as

• freedom of conscience and religion
• freedom of thought, belief, opinion and expression, including freedom of speech and of the press
• freedom of peaceful assembly
• freedom of association

The Constitution of Canada was amended in 1982 to entrench the Canadian Charter of Rights and Freedoms.

The Charter of Rights and Freedoms (the Charter) protects basic rights and freedoms that are essential to keeping Canada a free and democratic society. The rights and freedoms protected by the Charter fall into 7 categories:

• Fundamental freedoms
• Democratic rights
• Mobility rights
• Legal rights
• Equality rights
• Official language rights
• Minority language educational rights

Benefits of citizenship

There are many benefits to Canadian citizenship, including

• the right to vote
• recognition of dual citizenship
• the right to run for political office
• additional job opportunities
• no need to maintain status
• freedom to travel to many countries without need for a visa

Citizenship is an area of exclusive federal jurisdiction.

The Department of Citizenship and Immigration Act established the department and provides the authority for the Minister to hold office. The Minister for Immigration, Refugees and Citizenship Canada (IRCC) is responsible for administering the Citizenship Act and the Immigration and Refugee Protection Act (IRPA) with their corresponding regulations and the Canadian Passport Order

The legislative framework underpinning the Citizenship Program is the Citizenship Act and is accompanied by two sets of supporting regulations. The Citizenship Act establishes

• the right to citizenship
• loss of citizenship
• resumption of citizenship
• evidence of citizenship
• procedures, administration, offences and status of persons in Canada

The Act also provides the legal authorities for making the governor in council (GIC) and ministerial regulations.

The Citizenship Regulations

• Specific rules and guidelines on the implementation of the program
  • These regulations fall under the GIC’s authority and are approved by Treasury Board.

Citizenship Regulations No. 2

• Specific regulations made by the Minister

Please see Changes to citizenship rules and requirements for more information.

The requirements for citizenship under each of these acts vary. It is important to understand the way in which each of these is interpreted, because the provisions of these acts determine a person’s entitlement to citizenship. Citizenship laws have evolved over time to keep pace with societal changes.

Naturalization Act [May 22, 1868 to December 31, 1946]

Before January 1, 1947, a person born or naturalized in Canada was considered a British subject. The terms “Canadian citizen” and “Canadian citizenship” used in some statutes before that date did not create the legal status of Canadian citizen.

Canadian Citizenship Act [January 1, 1947]

Up to January 1, 1947, there was no legal status of Canadian citizens, only British subjects. This Act gave legal recognition to the terms “Canadian citizen” and “Canadian citizenship.” The Act established who was and who could become a Canadian citizen. There were additions for several provisions for loss of citizenship. Retention provisions for the first and subsequent generations born outside Canada were also included. The Act contained provisions that provided special treatment for British subjects. In general, Canadian citizens who acquired citizenship of another country automatically lost Canadian citizenship (dual citizenship was not recognized).

Citizenship Act [February 15, 1977]

The Citizenship Act, effective February 15, 1977, replaced the 1947 Canadian Citizenship Act with a more equitable statute. British subjects no longer received special treatment and dual citizenship was permitted. There was only one provision for automatic loss of citizenship, limited to persons born in the second or subsequent generation outside Canada unless they took steps to retain their citizenship by their 28th birthday.

Bill C-14: An Act to amend the Citizenship Act (adoption) [December 23, 2007]

On December 23, 2007, Bill C-14, An Act to amend the Citizenship Act (adoption), came into force. The changes allowed for the granting of citizenship to children born outside Canada and adopted by Canadian parents without requiring children to first become permanent residents.

Bill C-37: An Act to amend the Citizenship Act [April 17, 2009]

Bill C-37, An Act to amend the Citizenship Act came into force on April 17, 2009. It restored or gave Canadian citizenship automatically to many who had never had it or who had lost it due to previous legislation, and limited Canadian citizenship by descent to the first generation born outside Canada. Bill C-37 also contained an exception to the first generation limit for children born or adopted outside Canada to a serving Crown servant (i.e., the parent who was employed outside Canada in or with the Canadian Armed Forces, the federal public administration, or the public service of a province or territory, other than as a locally engaged person, at the time of the child’s birth or adoption).

Bill C-24: Strengthening Canadian Citizenship Act [June 19, 2014]

Bill C-24, An Act to amend the Citizenship Act and to make consequential amendments to other Acts (short title: Strengthening Canadian Citizenship Act) received Royal Assent on June 19, 2014, and represents the first comprehensive reform to the Citizenship Act since 1977. The Act contains a range of legislative amendments to further improve the Citizenship Program. The changes in the Strengthening Canadian Citizenship Act came into force at various dates following royal assent. All of the changes were in force by June 11, 2015, including:

• Intent to reside provision: the requirement that applicants be physically present in Canada on a continuous basis for 4 out of 6 years
• residency calculation: time spend in Canada as a non-permanent resident does not count towards the applicant’s total residency time
• revocation of citizenship status: citizenship status can be revoked for either allegations of crime or criminal convictions
• refusal of citizenship applications: lack of documentation or a refusal to provide documentation within certain time lines will result in an abandoned application
• lost Canadians: certain categories of lost Canadians will have their citizenship restored
• the fast tracking of applications from the Canadian Armed Forces
• the limitations on citizenship applications from those born abroad
• provisions on discretionary grants
• the establishment of citizenship officers as the primary decision makers in reviewing applications
• the creation of an appeal process for decisions made by citizenship officers
• the enhancement of IRCC powers in determining what constitutes a complete application and what evidence is deemed necessary
  • IRCC is now entitled to put files on hold and abandon a file entirely at any stage of the application process if the applicant fails to provide requested information or attend an interview
• citizenship automatically on that date to more people who were born before the Canadian Citizenship Act took effect on January 1, 1947 (April 1, 1949, in the case of Newfoundland and Labrador), who did not acquire Canadian citizenship on either of those dates, as well as to their children who were born outside Canada in the first generation
• extending citizenship on that date to British subjects neither born nor naturalized in Canada (or neither born nor naturalized in Newfoundland and Labrador) who were ordinarily residing in Canada on January 1, 1947 (on or before April 1, 1949, in the case of Newfoundland and Labrador), and who did not acquire Canadian citizenship on January 1, 1947 (or April 1, 1949, or before that date in the case of Newfoundland and Labrador)
• extending the Crown servant exception to the first-generation limit to citizenship by descent to include the grandchildren of serving Crown servants
  • This means that citizenship was extended to a child of a Canadian parent who was born or adopted outside Canada to a serving Crown servant (i.e., the child’s grandparent, who was employed outside Canada in or with the Canadian Armed Forces, the federal public administration or the public service of a province or territory, other than as a locally engaged person, at the time of birth or adoption of the child’s parent).

Bill C-6: An Act to Amend the Citizenship Act [June 19, 2017 to December 5, 2018]

Some of the measures contained in Bill C-6, An Act to amend the Citizenship Act and make consequential amendments to another Act, came into force upon Royal Assent (June 19, 2017), while others came into force later.

The following are some measures that came into effect on October 11, 2017:

• for an adult grant of citizenship:
  • eliminated the requirement that citizenship applicants must declare an intent to continue to reside in Canada
  • reduced the physical presence requirement for an adult grant of citizenship to 1095 days (3 years) within the 5 years immediately before the date of application from 1460 days (4 years) within the 6 years immediately before the date of application
  • facilitated the pathway to citizenship for some applicants by again allowing time spent in Canada prior to becoming a PR as a temporary resident or protected person to count towards the physical presence requirement for citizenship (up to a maximum of 1 year)
  • removed the requirement for applicants to be in Canada for 183 days in each calendar year in 4 of the 6 years immediately before the date of application
  • reduced the age range for citizenship applicants who must meet the language and knowledge requirements for citizenship from 14–64 to 18–54 years of age at the time of application
  • reduced the requirement to file Canadian income taxes, if required to do so under the Income Tax Act, from 4 taxation years out of the 5 years immediately before the date of application, to 3 taxation years out of the 5 years immediately before the date of application, matching the new physical presence requirement
• prohibited applicants from taking the oath of citizenship if they never met or no longer meet the requirements for the grants of citizenship received prior to June 11, 2015
• eliminated counting time spent under a conditional sentence order towards meeting physical presence requirements and prohibited persons serving a conditional sentence order from being granted citizenship and being able to take the oath of citizenship
• allowed for the seizure of documents where there are reasonable grounds to believe they have been fraudulently or improperly obtained or used
• made the Act more explicit on the issue of accommodating the needs of citizenship applicants who have disabilities
• introduced “statelessness” as a standalone ground on which citizenship may be granted at the discretion of the Minister of Immigration, Refugees and Citizenship
• repealed provisions in the Citizenship Act that allowed for citizenship to be revoked on national interest grounds that only apply to dual nationals
• allowed clients to choose whether their revocation case is decided by the Federal Court or by the Minister/decision maker
• made it easier for minors (children under 18 years) to be granted citizenship on their own, without a Canadian parent or PR parent applying concurrently

Bill C-47: Budget Implementation Act, 2023, with amendments to the Citizenship Act [June 22, 2023]

Bill C-47, the Budget Implementation Act, 2023, made amendments to the Citizenship Act for citizenship modernization, and received Royal Assent on June 22, 2023. These amendments enable the electronic administration of the Citizenship Program (automated and machineassisted processing), and the systematic collection and use of biometric information for citizenship applications.

The authorities under the Citizenship Act for the electronic administration of the citizenship program and automation came into force upon Royal Assent (June 22, 2023), while amendments to enable the collection and use of biometric information will come into force on a date to be fixed by order of the governor in council.

A person who is granted citizenship is a naturalized Canadian citizen. Any person granted citizenship is issued a certificate of citizenship.

Certain requirements must be met before a person can be granted citizenship. Some of these requirements may be waived by the Minister on compassionate grounds. The Minister also has discretionary authority to grant citizenship.

In most cases, persons 14 years of age or over who are granted citizenship must take the oath of citizenship to become citizens. Their legal status as a citizen takes effect as of the date the oath is taken.

A person who is granted citizenship and does not have to take the oath, as per statutory requirements and under most circumstances, becomes Canadian on the day of the grant.

There are different types of grants and different ways to acquire citizenship, as outlined in the Citizenship Act. They are as follows:

• adult and minor [subsection 5(1)]
• Canadian Armed Forces [subsection 5(1)]
• minor [subsection 5(2)]
• discretionary grants [subsection 5(4)]
• statelessness [subsection 5(5)]
• adoptee [section 5.1] adult
• adoptee [section 5.1] minor
• resumption of citizenship [subsection 11(1)]
• automatic acquisition of citizenship [subsection 11(2)] (also considered resumption)

There are different requirements for different types of citizenship applications. Specific requirements must be met for the application to be approved, though there are exceptions for certain requirements, including the use of subsection 5(3).

Subsection 5(3) permits the Minister to use discretion to waive specific requirements of the Citizenship Act on compassionate grounds, including requirements of language, knowledge, and oath. Circumstances must be exceptional and supporting documents provided; each 5(3) waiver is evaluated on a case-by-case basis.

• For adults, the requirements to meet language and knowledge criteria for applicants between the ages of 18 and 54 at the time of application, and the requirement to take the oath of citizenship for adults prevented from understanding the significance by reason of mental disability can be waived due to compassionate grounds.
• For minors, the requirements that can be waived under 5(3) due to compassionate grounds are the length of physical presence in paragraph (1)(c), the requirement to take the oath of citizenship, and the requirement respecting who may make an application on behalf of a minor.

See more details on how citizenship can be acquired in Acquisition of citizenship.

Proof of citizenship applications

Proof of citizenship (i.e., documentary evidence of citizenship) is issued by IRCC in the form of a Canadian citizenship certificate. Any person who would like an official determination of their Canadian citizenship status may submit an application for a citizenship certificate. Every Canadian citizen is entitled to hold a citizenship certificate, regardless of how citizenship was acquired.

Citizenship certificates are issued to citizens who are granted citizenship. As such, an application for a citizenship certificate (proof of citizenship) is not required.

The citizenship certificate is the only official proof of citizenship issued to citizens born outside of Canada. Birth certificates issued by Canadian provinces and territories are considered proof of citizenship for citizens born in Canada.

Since January 4, 2023, most clients applying for or receiving a citizenship certificate are able to choose to receive their certificate in either paper or electronic format. Both the paper and e­certificate formats of the certificate are valid as proof of citizenship. Citizens may only hold one valid citizenship certificate at a time (not including birth certificates issued by Canadian provinces or territories). Citizens who apply to replace their citizenship certificate must

• return their previous certificate
• agree to delete and destroy all digital and printed copies of electronic certificates or
• confirm their certificate is lost, stolen or destroyed

There is a specific application process for people who want to apply for proof of citizenship. Please see Applications for citizenship certificates for more information.

Search of records applications

An application for a search of citizenship records is initiated when a client makes an application requesting records for information about a specific individual, which may be for themselves or another person. If the client is applying for information about another individual, they must include proof of consent, proof of death or proof of relationship.

IRCC verifies whether the department holds citizenship records for the person requested and provides the results in a “Record letter” or “No record letter.” Record letters include information about how and when Canadian citizenship was obtained. No record letters confirm IRCC has no record of the person being granted citizenship or issuing a citizenship certificate to that person.

A search of records only provides information. The results are not a determination of an individual’s citizenship status and can’t be used as official proof of Canadian citizenship or as a travel document.

Citizenship validation

This is the process by which it is confirmed that a citizenship certificate is valid. This is not a determination of the holder’s citizenship status; it is only a verification of the certificate.

Initial confirmation

This process is used when federal partners ask IRCC to verify Canadian citizenship. IRCC examines records on various platforms (GCMS or microfilm) and uses the information to verify whether the individual may have a claim to Canadian citizenship. This is not a confirmation of citizenship status. A proof application must be submitted for a full assessment and determination.

Canadian citizenship can be lost in several ways

• Revocation of citizenship: Under subsection 10(1) of the Citizenship Act, citizenship can be revoked if it was initially obtained, retained or resumed under false representation, fraud or knowingly concealing material circumstances. A renunciation of citizenship can also be revoked if any of these components were present during the renunciation process. Please see Revocation of citizenship for more information.
• Renunciation of citizenship: Renunciation can occur under subsection 9(1) of the Citizenship Act or under section 7.1 of the Citizenship Regulations. For more information on 9(1) of the Act, please see Renunciation of citizenship under subsection 9(1) of the Citizenship Act. For more information on 7.1 of the Regulations, please see Renunciation of citizenship under section 7.1 of the Citizenship Regulations.
• Recall of citizenship: Section 26 of the Regulations state that the Registrar must recall and cancel a certificate of citizenship, certificate of naturalization or certificate of renunciation issued under the current Act, former legislation or any related regulations, if the Minister decides the holder does not have a right to the certificate. Please see Recall and cancellation of citizenship certificates for more information.

Guidelines for sharing client information between citizenship officers and either immigration or CBSA officers. See also ENF 4, Section 9.5 – Citizenship record searches (PDF, 1.82 MB).

Disclosure of personal information is permissible under section 8(2)(a) of the Privacy Act. Personal information pertaining to the individual’s citizenship file may be shared with immigration and CBSA officers without the consent of the individual to whom it relates, provided that it is for a purpose consistent with or directly related to the purpose(s) for which it was collected or is in accordance with any act of Parliament that authorizes its disclosure.

In determining if disclosure falls under consistent use, it is important to consider the department’s lines of business. IRCC’s mandate includes all matters relating to the administration of the programs and policies of citizenship and immigration that are not assigned by law to other departments, branches or agencies of government.

More specifically, Personal Information Bank CIC-PPU-050 in Info Source defines the purpose and consistent use with respect to personal information on the application and assessment for Canadian citizenship as follows:

“For the purpose of administering the Citizenship Act and Regulations and other related Acts and for the purpose of confirming the Canadian citizenship status of individuals, information may be shared with the CBSA, the Royal Canadian Mounted Police (RCMP) and the Canadian Security and Intelligence Service (CSIS) for the purpose of conducting security reviews or investigations related to Immigration legislation—and the Immigration Program.”

A routine example of consistent use is the disclosure of personal information to the RCMP and CSIS in the form of applications for the grant of citizenship to obtain criminal and security clearances. In this case, information is being disclosed to ensure that the individual fulfills specific requirements of the Citizenship Act.

A test of whether a proposed use or disclosure is “consistent” might be whether the individual who provided the information would reasonably expect it to be used in the proposed manner. This means that the original purpose and the proposed purpose are so closely related that the individual would expect it to be used for the consistent purpose, even if the use is not spelled out.

While the Privacy Act provides the latitude for a citizenship officer to share personal information pertaining to an individual’s citizenship file with an immigration or CBSA officer, as a rule of thumb, only the information that is needed to continue the process should be provided. Where disclosure is not based on a consistent use identified in the Personal Information Bank CIC-PPU-050, officers should seek the advice of Public Rights Administration.

Overview

This section is about fees and refunds for citizenship services.

Intake officers accept only applications with the complete fee, as specified on the fee schedule at the end of this section. Applications without the full fee or incorrect fee are returned as incomplete.

• Citizenship fees
• Refunds
• Exemptions (remission of citizenship fees)

Citizenship fees

In addition to the processing fee, some applications include a right of citizenship (ROC) fee. There is no processing fee for applications for a 5(5) grant; however, the $100 right of citizenship fee must be included for all grant applicants aged 18 and over.

For applications received at the Case Processing Centre in Sydney on or after January 1, 2015

Fee table