Vol. 149, No. 12 — June 17, 2015

Registration

SOR/2015-124 June 1, 2015

CITIZENSHIP ACT

Citizenship Regulations, No. 2

The Minister of Citizenship and Immigration, pursuant to subsections 21.1(5) and (7) (see footnote a) and section 27.2 (see footnote b) of the Citizenship Act (see footnote c), makes the annexed Citizenship Regulations, No. 2.

Ottawa, May 28, 2015

CHRIS ALEXANDER
Minister of Citizenship and Immigration

CITIZENSHIP REGULATIONS, NO. 2

INTERPRETATION

Definitions

1. The following definitions apply in these Regulations.

“Act”
« Loi »

“Act” means the Citizenship Act.

“ICCRC”
« CRCIC »

“ICCRC” means the Immigration Consultants of Canada Regulatory Council, incorporated under Part II of the Canada Corporations Act on February 18, 2011.

“legal guardian”
« tuteur »

“legal guardian” in respect of a child who has not attained the age of 18 years, means a person who has custody of the child or who is empowered to act on the child’s behalf by virtue of a court order or written agreement or by operation of law.

“parent”
« parent »

“parent” has the same meaning as in section 2 of the Regulations.

“permanent resident”
« résident permanent »

“permanent resident” has the same meaning as in subsection 2(1) of the Immigration and Refugee Protection Act.

“prescribed form”
« formule prescrite »

“prescribed form” means the form prescribed under section 28 of the Act.

“Regulations”
« règlement »

“Regulations” means the Citizenship Regulations.

GRANT OF CITIZENSHIP

Application under subsection 5(1) of Act

2. (1) An application made under subsection 5(1) of the Act must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application under subsection 5(1) of Act — Canadian Forces members

(2) An application made under subsection 5(1) of the Act by a permanent resident who is a member or a former member of the Canadian Forces must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application under subsection 5(1) of Act — Canadian Forces

(3) An application made under subsection 5(1) of the Act by a person who is or was attached or seconded to the Canadian Forces must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application under subsection 5(5) of Act

3. (1) Subject to subsection (2), an application made under subsection 5(5) of the Act must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application on behalf of minor child

(2) An application referred to in subsection (1) that is made on behalf of a minor child must comply with the requirements of paragraphs 4(a) and (b) and be made in the prescribed form and filed in the manner determined by the Minister, together with the information and materials referred to in subsection (1) and subparagraphs 4(c)(iii) and (vi).

Application under subsection 5(2) of Act

4. An application made under subsection 5(2) of the Act on behalf of a minor child must be

Application under subsection 5.1(1) of Act — minor child

5. An application made under subsection 5.1(1) of the Act on behalf of a child who is a minor on the day on which the application is made must be

Application under subsection 5.1(1) of Act — 18 years of age or more

6. An application made under subsection 5.1(1) of the Act by a person who is 18 years of age or more on the day on which the application is made must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application under subsection 5.1(2) of Act

7. An application made under subsection 5.1(2) of the Act by a person who was adopted when they were 18 years of age or older must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application under subsection 5.1(3) of Act — minor child

8. An application made under subsection 5.1(3) of the Act on behalf of a child who is a minor on the date of the application must be

Application under subsection 5.1(3) of Act — 18 years of age or more

9. An application made under subsection 5.1(3) of the Act by a person who is 18 years of age or more on the day on which the application is made must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

RENUNCIATION OF CITIZENSHIP

Application under subsection 9(1) of Act

10. An application made under subsection 9(1) of the Act, other than an application referred to in section 11, must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application to renounce — paragraph 3(1)(b) of Act

11. (1) An application to renounce the citizenship conferred by the Act on a person referred to in paragraph 3(1)(b) of the Act, for the sole reason that one or both parents are persons referred to in any of paragraphs 3(1)(k) to (n) of the Act, and who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act must be

Application to renounce — paragraph 3(1)(f) or (g) of Act

(2) An application to renounce the citizenship conferred by the Act on a person referred to in paragraph 3(1)(f) or (g) of the Act or on a person referred to in any of paragraphs 3(1)(k) to (r) of the Act who did not become a citizen by way of grant, as defined in subsection 3(9) of the Act, must be

RESUMPTION OF CITIZENSHIP

Application under subsection 11(1) of the Act

12. (1) An application made under subsection 11(1) of the Act must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application under subsection 11(1) of Act — Canadian Forces member

(2) An application made under subsection 11(1) of the Act by a permanent resident who is a member or a former member of the Canadian Forces must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Application under subsection 11(1) of Act — Canadian Forces

(3) An application made under subsection 11(1) of the Act by an applicant who is or was attached or seconded to the Canadian Forces must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

Subsection 11(2) of Act

13. (1) For the purposes of subsection 11(2) of the Act, a woman may give notice in writing to the Minister in the manner determined by the Minister, together with the evidence that she has that relates to the following:

Inquiry

(2) If the Minister does not receive, together with the notice, evidence that establishes whether a woman meets the requirements of subsection 11(2) of the Act, the Minister must without delay contact the woman and make all reasonable inquiries in an endeavour to obtain such evidence.

CERTIFICATES

Application under subsection 12(1) of Act

14. An application for a certificate of citizenship by a citizen made under subsection 12(1) of the Act must be made in the prescribed form and filed in the manner determined by the Minister, together with the following information and materials:

REPLACEMENT OF CERTIFICATES

Subsection 25(3) of Regulations

15. (1) For the purposes of subsection 25(3) of the Regulations, the person referred to in that subsection must indicate in their application the reason why they desire another certificate of citizenship.

Details of loss or destruction

(2) If an application is made for reasons of loss or destruction in respect of any of the certificates referred to in subsection 25(3) of the Regulations, the applicant must provide the details of the loss or destruction.

Minister may require

(3) The Minister may require the applicant to provide evidence that establishes that the issuance of the certificate will not contravene subsection 25(1) of the Regulations.

Subsection 25(5) of Regulations

16. (1) For the purposes of subsection 25(5) of the Regulations, the person referred to in that subsection must set out in the application the reasons why they desire another certificate.

Details of loss or destruction

(2) If an application is made for reasons of loss or destruction of the previously issued certificate, the applicant must provide the details of the loss or destruction.

Minister may require

(3) The Minister may require the applicant to provide the Minister with evidence that establishes that the issuance of the certificate will not contravene subsection 25(1) of the Regulations.

DELIVERY OF REVOCATION NOTICES

Delivery

17. (1) Notices referred in subsections 10(3) and 10.1(2) of the Act and the decision referred to in subsection 10(5) of the Act may be delivered by hand, by regular mail or by electronic means.

Personal delivery

(2) Delivery of a document to an individual by hand is effected by delivering it

Delivery by mail

(3) Delivery of a document to an individual by regular mail is effected by sending it by regular mail to the individual’s last known address or, if the individual is a minor, to the last known address of the individual’s parent or of any other person having lawful custody.

Delivery by electronic means

(4) Delivery of a document to an individual by electronic means is effected by sending it to the individual’s last known electronic address or, if the individual is a minor, by sending it to the last known electronic address of the minor’s parent or the person having lawful custody of the minor.

SEARCH OF RECORDS

Search of the records

18. An application for a search of the records kept in the course of the administration of the Act or prior legislation must be made in prescribed form and filed in the manner determined by the Minister, together with evidence that establishes that the applicant has paid the fee required under section 31 of the Regulations.

REPRESENTATIVES AND ADVISORS

Purposes of subsection 21.1(5) of Act

19. For the purposes of subsection 21.1(5) of the Act, the ICCRC is designated as a body whose members in good standing may represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Act.

Person not authorized under subsections 21.1 (2) to (4) of Act

20. If an applicant is represented or advised for consideration in connection with a proceeding or application under the Act by a person who is not referred to in subsections 21.1 (2) to (4) of the Act the application will be returned to the applicant because it is not accepted into processing.

TRANSITIONAL MEASURE

Representative or advisor

21. A person who represents or advises for consideration another person who has made an application under the Act that is received by the Minister before the day on which section 21.1 of the Act comes into force is deemed for the purposes of only that application and that section 21.1 to be a member in good standing of the ICCRC for a period of four years beginning on the day on which that section 21.1 comes into force or until one of the following occurs:

COMING INTO FORCE

S.C. 2014, c. 22

22. These Regulations come into force on the day on which section 26 of the Strengthening Canadian Citizenship Act comes into force, but if they are registered after that day, they come into force on the day on which they are registered.

REGULATORY IMPACT ANALYSIS STATEMENT

(This statement is not part of the Regulations.)

Issues

On June 19, 2014, the Strengthening Canadian Citizenship Act (SCCA) received royal assent. The SCCA includes measures to

Provisions of the SCCA that came into force either on June 19, 2014, or on August 1, 2014, include fast-tracking citizenship applications for members of the Canadian Armed Forces; improving clarity on the first generation limit to citizenship for those born abroad; enabling children born abroad to Canadian Crown servants to pass citizenship to their children born or adopted abroad, and streamlined decision-making for issuing discretionary grants under subsection 5(4) of the Act; the new decision making process for citizenship applications; various measures to improve efficiency of the application process; and a new appeals process.

The remaining provisions brought into force on June 11, 2015, include extending citizenship to more lost Canadians; new residence requirements; a new intent to reside requirement; expanded age requirements for language and knowledge testing; the requirement to demonstrate knowledge of Canada in an official language; extending the adoption grant of citizenship to those adopted before January 1, 1947 (or April 1, 1949, in the case of Newfoundland and Labrador), by a parent who became a Canadian citizen on either of those days; strengthened penalties and offences for fraud; prohibitions for foreign criminality and activities against national interests; a new revocation decision making process and new grounds for revocation of citizenship; and authorizing the Minister to designate, by regulation, a body whose members in good standing may act as a citizenship representative for a fee.

By virtue of new regulation-making authorities in the SCCA, the Minister has made the Citizenship Regulations No. 2 to ensure alignment with the Act to specify that evidence must be provided with applications to demonstrate that requirements have been met in the following areas: language proficiency for minors; residency requirements; income tax filing requirements; evidence for fast-tracked citizenship applications for members of the Canadian Armed Forces (CAF); and adoption. Ministerial Regulations were also made to specify the manner in which revocation notices may be delivered, and also designates the Immigration Consultants of Canada Regulatory Council (ICCRC) as the body whose members in good standing may act as a citizenship representative for a fee.

Objectives

The objective of these Regulations is to support new measures under the SCCA by specifying that evidence must be provided with applications to demonstrate that requirements have been met in the following areas: language proficiency for certain minors; residency requirements; income tax filing requirements; evidence for fast-tracked citizenship applications for members of the CAF, and adoption. The Regulations also include requirements concerning the manner in which revocation notices may be sent, the designation of the ICCRC as the body whose members in good standing may advise or represent citizenship applicants for a fee, and the circumstances under which applications will not be accepted into processing when an applicant is represented by a third party for consideration.

Description

Language

The Regulations require that minor applicants aged 14 to 17 years provide evidence demonstrating adequate knowledge of one of Canada’s official languages, English or French, with their citizenship application that demonstrates that the applicant meets the criteria under section 14 of the Citizenship Regulations. Similar to the requirement for adult applicants, the list of acceptable evidence for minor applicants will be defined in administrative guidelines.

Residence
Adult grant of citizenship

The Regulations require evidence to be submitted with applications to reflect the new residence requirements for an adult grant of citizenship under subsection 5(1) of the Act to require the applicant to provide evidence to demonstrate that he or she has accumulated 1 460 days (four years) of physical presence in Canada, within the six-year period immediately before the date of his or her application, and to require the applicant to provide evidence to demonstrate that he or she has been physically present in Canada for at least 183 days during each of the four calendar years that are fully or partially within those six years.

A person who is a permanent resident who is employed outside Canada in or with the CAF, the federal public administration or the public service of a province may treat time spent abroad in service to Canada for the purposes of meeting the physical presence requirement. In addition, spouses, common-law partners and children of permanent residents and spouses and common-law partners of citizens working in those same functions outside Canada are also able to treat their time abroad as equivalent in order to meet the physical presence requirement.

Statelessness grant

The Regulations require evidence to be submitted with applications to reflect the new residence requirements for a grant of citizenship for stateless persons under subsection 5(5) of the Act to require the applicant to provide evidence to demonstrate that he or she has accumulated 1 095 days of physical presence in Canada during the four years immediately before the date of his or her application.

The 1961 Convention on the Reduction of Statelessness, to which Canada is a party, limits the residence requirement for a stateless person to three years. Therefore, this amendment does not increase the residence requirement to 1 460 days as in the regular adult grant of citizenship.

Resumption of citizenship

The Regulations require evidence to be submitted with applications to reflect the requirements for resumption of citizenship under subparagraph 11(1)(d)(i) of the Act that, for a resumption of citizenship, a person needs to provide evidence that he or she has been physically present in Canada for 365 days during the last two years immediately prior to the date of application.

Income tax requirements
Adult grant of citizenship

These Regulations require individuals applying for an adult grant of citizenship to provide whichever of the following numbers was most recently issued to them: social insurance number (SIN); individual tax number (ITN), or temporary tax number (TTN). The Regulations also require evidence that the applicant consents to the Canada Revenue Agency (CRA) sharing their tax information with the Minister. In cases where the applicant does not have one of these numbers, the Regulations require the applicant to declare that they do not have any such number and was not required to file a return of income in respect of each of the taxation years that are fully or partially within the six years immediately preceding the date of the application.

The SIN, the TTN or the ITN, and consent of applicants will be collected through the citizenship application form, and for applicants without a SIN, a TTN or a ITN, the declaration will also be obtained on the application form.

For members of the CAF who are permanent residents and whose applications are fast-tracked, the Regulations require that the applicants provide whichever of the following numbers was most recently issued to them: SIN, ITN or TTN. The Regulations also require evidence that the applicant consents for the CRA to disclose their tax filing information to the Minister in order to demonstrate that they have met their tax filing obligations in respect of three taxation years that are fully or partially within the six years immediately preceding the application.

Resumption of citizenship

These Regulations require that applicants for a resumption of citizenship provide whichever of the following numbers was most recently issued to them: SIN, ITN or TTN. The Regulations also require evidence that the applicants consent for the CRA to disclose their tax filing information to the Minister in order to demonstrate that they have met their tax filing obligations in respect of the taxation year immediately preceding the date of the application. This applies to regular adult applications as well as to members of the CAF whose applications are fast-tracked.

Fast-tracked citizenship applications for members of the CAF

For a grant of citizenship, the Regulations require CAF members to provide evidence that they have three years of service in the CAF within the six years immediately before the date of application.

For a resumption of citizenship, the Regulations require CAF members to provide evidence that they have six months of service in the CAF within two years immediately before the date of application. Applicants are also required to demonstrate that they have met all of the other requirements for citizenship, including the income tax filing requirements for CAF members who are permanent residents by providing whichever of the following numbers was most recently issued to them: SIN, ITN or TTN. The Regulations also require evidence that the applicants consent for the CRA to disclose their tax filing information to the Minister, in order to demonstrate that they have met their tax filing obligations in respect of the taxation year immediately before the year in which the application is made.

Revocation

The Regulations specify the manner in which notices may be delivered in a revocation proceeding. Specifically, notices may be delivered by hand, regular mail or electronic means. Furthermore, the Regulations specify that notices may, generally, be delivered by leaving it with the individual or a person who is 18 years of age and present at the last known address of the individual concerned.

Adoption

The Regulations specify that the evidentiary requirements relating to applications made under subsections 5.1(1), 5.1(2) or 5.1(3) of the Act are also applicable to persons adopted by before January 1, 1947, by a person who became a Canadian citizen on that day and to those who were adopted before April 1, 1949, by a person who became a citizen on that later day further to the union of Newfoundland and Labrador.

Simplified renunciation

The Regulations extend access to the simplified renunciation process and evidentiary requirements to persons who automatically acquire Canadian citizenship under the SCCA and who do not wish to be a Canadian citizen. This process would now also be available to persons who are Canadian citizens described in paragraphs 3(1)(k) to 3(1)(r) of the Act or who are citizens under paragraph 3(1)(b) as a result of having a parent who is a citizen found under paragraphs 3(1)(k) to (n).

Consultants

The Regulations designate the ICCRC as a body whose members in good standing may represent or advise a person for consideration, or offer to do so, in connection with a proceeding or application under the Citizenship Act. The ICCRC has been the regulatory body for immigration consultants since 2011. With the new designation by the Minister of Citizenship and Immigration, the ICCRC will also be responsible for regulating the citizenship consultant profession in the public interest.

Consultation

Public consultation was conducted on the proposed ministerial Regulations through a Notice of Intent published in the Canada Gazette, Part I, on March 14, 2015, for a period of 30 days. Provincial and territorial governments responsible for immigration, as well as various not-for-profit organizations involved in immigration and citizenship issues, were informed that the Notice of Intent had been published for comment.

In total, 55 comments were received from stakeholders during the comment period. Feedback mainly focused on three issues that fall under the legislative changes of the SCCA, rather than the Regulations.

Residence requirements

Individuals requested consideration to allow those who gained permanent resident status prior to the SCCA receiving royal assent to apply for citizenship based on the previous residence requirements and/or to delay the coming into force of these requirements. As the residence requirements are legislative, and are coming into force at a date to be determined by the Governor in Council, the Regulations cannot address this issue.

A six-year window to accumulate physical presence provides some flexibility to accommodate applicants whose work or personal circumstances require regular travel outside of Canada.

Applying the new residence requirements to all citizenship applicants whose applications are made on or after the date of the coming into force of the relevant provisions of the SCCA helps ensure that the requirements are applied consistently.

Intent to reside

Individuals stated their objection to the new intent to reside provision of the SCCA, which is also a legislative requirement.

The intention to reside in Canada must be maintained until such time as the applicant takes the oath of citizenship. The intent to reside provision does not restrict the mobility rights of new citizens; they are able to leave and return to Canada like other Canadian citizens.

Revocation

Individuals expressed concern that citizenship could be revoked based on the decision of the Minister.

Under the citizenship revocation model, reflected in the legislation, cases involving residence fraud, identity fraud and convictions for terrorism, treason, high treason or national security are decided by the Minister. Decisions are based on objective evidence.

More complex cases will be decided by the Federal Court. These would include cases where persons fraudulently become Canadian citizens by misrepresenting their involvement in war crimes, crimes against humanity, security, other human or international rights violations and organized criminality. The Federal Court would also decide cases involving dual citizens who served as a member in an armed force of a country or an organized armed group engaged in an armed conflict with Canada.

“One-for-One” Rule

The “One-for-One” Rule does not apply to these regulatory amendments, as there are no changes in administrative costs to businesses.

Small business lens

The small business lens does not apply to these regulatory amendments, as they create no costs to small businesses.

Rationale

These Regulations are required to support implementation of the amendments to the Citizenship Act made pursuant to the SCCA. These changes will strengthen the value of citizenship while encouraging access to citizenship for qualified applicants.

The costs for these proposed regulatory proposals are low, and, in some cases, there is a benefit to Government and the public. Costs associated with these Regulations are expected to be under one million dollars per year over the next 10 years and are related to implementation activities including updating manuals, application kits, guidelines, Web pages and training. These costs will be absorbed into existing resources. Necessary implementation measures, including training of staff, would be funded out of resources already allocated. While there will be some transitional costs to Government, the costs for these regulatory proposals are considered low.

Implementation, enforcement and service standards

Implementation requires updates to program delivery instructions and manuals, application kits, guidelines, IT systems and Web pages.

A medium-profile proactive approach for these regulatory details, including Web messages, backgrounders, and other communications products, will be developed as necessary. This will support the high-profile proactive communications strategy anticipated for announcing the final SCCA provisions, which come into force on the same day as these Regulations.

Contact

Teny Dikranian
Director
Legislation and Program Policy
Citizenship and Multiculturalism Branch
Citizenship and Immigration Canada
180 Kent Street
Ottawa, Ontario
K1A 1L1
Telephone: 613-437-5622
Fax: 613-991-2485
Email: citizenship-citoyennete@cic.gc.ca