Regulations Amending the Citizenship Regulations (Administrative Penalties and Consequences): SOR/2026-221

Canada Gazette, Part II, Volume 160, Number 22

Registration
SOR/2026-221 October 23, 2026

CITIZENSHIP ACT

P.C. 2026-1008 October 23, 2026

Her Excellency the Governor General in Council, on the recommendation of the Minister of Citizenship and Immigration, makes the annexed Regulations Amending the Citizenship Regulations (Administrative Penalties and Consequences) under paragraphs 27(1)(k.6) to (k.9)^{footnote a} and subsection 27(3)^{footnote b} of the Citizenship Act^{footnote c}.

Regulations Amending the Citizenship Regulations (Administrative Penalties and Consequences)

Amendments

1 Section 2 of the Citizenship Regulations ^{footnote 1} is amended by adding the following in alphabetical order:

reviewer

means a person appointed by order under subsection 27(4) of the Act. (réviseur)

2 The Regulations are amended by adding the following after section 33:

System of Administrative Penalties and Consequences — Representation and Advice

Purpose

34 The purpose of the administrative penalties and consequences provided for in these Regulations is to encourage compliance with the provisions of the Act and these Regulations and not to punish.

Violations

35 The contravention, including a contravention committed outside Canada, of any of the following provisions is designated as a violation:

• (a) section 36;
• (b) paragraph 37(a);
• (c) paragraph 37(b);
• (d) paragraph 37(c);
• (e) subsection 38(3).

Prohibitions

36 A person must not knowingly, directly or indirectly, represent or advise a person for consideration — or offer to do so — in connection with a proceeding or application under the Act unless they are a person or entity referred to in any of subsections 21.1(2) to (4) of the Act.

37 A person who, directly or indirectly, represents or advises a person for consideration — or offers to do so — in connection with a proceeding or application under the Act must not knowingly

• (a) counsel, induce, aid or abet or attempt to counsel, induce, aid or abet that person to directly or indirectly misrepresent or withhold material circumstances relating to a relevant matter, which induces or could induce an error in the administration of the Act;
• (b) for any of the purposes of the Act, directly or indirectly, make any false representation, commit fraud or conceal any material circumstances; or
• (c) communicate directly or indirectly, by any means, false or misleading information or representations with the intent to induce a person to make, or deter a person from making, an application to become a citizen, to obtain a certificate of citizenship or another document establishing citizenship or to renounce citizenship.

Inspection

38 (1) If a citizenship officer has reasonable grounds to suspect that a person has committed a violation, the citizenship officer may conduct any inspection that they consider to be necessary to verify that the person is in compliance with sections 36 and 37, including the inspection of any entity for which that person conducts business relating to the provision of immigration and citizenship representation and advice.

(2) When conducting an inspection under subsection (1), a citizenship officer may, in writing, require the person or entity to provide any relevant document.

(3) Subject to subsections (4) and (5), the person or entity that is required by a citizenship officer to provide documents must provide them within the period and in the manner specified by the citizenship officer.

(4) A person referred to in paragraph 21.1(2)(a) or subsection 21.1(3) of the Act is not required to provide the documents if that person, within the period specified by the citizenship officer, submits an affidavit attesting that the documents contain information that is subject to litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries.

(5) An entity is not required to provide documents in respect of a person referred to in paragraph 21.1(2)(a) or subsection 21.1(3) of the Act if that entity, within the period specified by the citizenship officer, submits an affidavit attesting that the documents contain information that is subject to litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries.

(6) A failure to comply with subsection (3) is justified if the person or entity made all reasonable efforts to comply or if the failure results from anything done or omitted to be done by the person or entity in good faith.

Preliminary Notice

39 (1) A citizenship officer who, on the basis of information obtained by any citizenship officer in the exercise of the powers set out in section 38 and of any other relevant information, believes on reasonable grounds that a person has committed a violation may provide that person with written notice to that effect.

(2) The preliminary notice must list all violations identified in the course of the inspection conducted under subsection 38(1) and must indicate

• (a) the name of the person who is believed to have committed the violations;
• (b) in respect of each violation, the alleged facts and the provision at issue;
• (c) the administrative monetary penalty for each violation;
• (d) the total of the penalties referred to in paragraph (c);
• (e) if applicable, the fact that the total referred to in paragraph (d) will be reduced in accordance with section 45;
• (f) whether the person has a history of prior violations and the effect on the administrative monetary penalties of the multiplier for prior violations, as determined under subsection 43(5);
• (g) the right of the person to, within 30 days after the date of receipt of the preliminary notice, make written submissions with respect to the information referred to in paragraphs (b) to (d) or, if applicable, submit an affidavit under paragraph 40(1)(b), as well as the address to which the submissions or affidavit must be sent; and
• (h) the fact that, if the person is deemed to have committed a violation or is determined by a reviewer to have committed a violation, the information referred to in subsection 49(1) will be made public.

40 (1) A person to whom a preliminary notice is sent under subsection 39(1) may, within 30 days after the date of receipt of the notice,

• (a) make written submissions with respect to the information referred to in paragraphs 39(2)(b) to (d);
• (b) if they are a person referred to in paragraph 21.1(2)(a) or subsection 21.1(3) of the Act, submit an affidavit attesting that they cannot contest the alleged facts without disclosing information that is subject to litigation privilege, solicitor-client privilege or the professional secrecy of advocates and notaries; or
• (c) request an extension of the 30-day period.

(2) A preliminary notice is deemed to have been received 30 days after the day on which it is sent.

(3) A citizenship officer may extend the 30-day period set out in subsection (1) if there is a reasonable justification for the extension.

Notice of Violation

41 (1) Subject to subsections (2) and (3), a citizenship officer who, on the basis of information obtained by any citizenship officer in the exercise of the powers set out in section 38 and of any other relevant information, determines on a balance of probabilities that a person has committed a violation may issue a notice of violation to them.

(2) A citizenship officer must not issue a notice of violation unless a preliminary notice was sent to the person under subsection 39(1) and the 30-day period set out in subsection 40(1) or the period extended under subsection 40(3), as the case may be, has expired.

(3) A citizenship officer must not issue a notice of violation to a person who submits an affidavit under paragraph 40(1)(b), unless the person has withdrawn their attestation in writing.

(4) The notice of violation must list all violations for which a determination has been made under subsection (1) and must indicate

• (a) the name of the person who is believed to have committed the violations;
• (b) in respect of each violation, the relevant facts and the provision at issue;
• (c) the determination and the reasons for the determination;
• (d) the administrative monetary penalty for each violation;
• (e) the total of the penalties referred to in paragraph (d);
• (f) if applicable, the fact that the total referred to in paragraph (e) is reduced in accordance with section 45;
• (g) whether the person has a history of prior violations and the effect on the administrative monetary penalties of the multiplier for prior violations, as determined under subsection 43(5);
• (h) the right of the person to request, within 30 days after the date of receipt of the notice of violation, a review of the notice of violation or of the administrative monetary penalties, or of both;
• (i) the fact that the person must pay the administrative monetary penalties within 30 days after the date of receipt of the notice of violation unless they request a review or enter into an agreement with the Minister with respect to payment within those 30 days;
• (j) the method of payment for the administrative monetary penalties; and
• (k) the fact that, if the person is deemed to have committed a violation or is determined by a reviewer to have committed a violation, the information referred to in subsection 49(1) will be made public.

(5) A notice of violation is deemed to have been received 30 days after the day on which it is sent.

42 (1) Once a notice of violation is issued to a person, no further administrative monetary penalties may be imposed on that person under these Regulations with respect to any acts or omissions that occurred before the date of issuance of that notice of violation.

(2) If a notice of violation is issued to a person under subsection 315.52(1) of the Immigration and Refugee Protection Regulations, no administrative monetary penalties may be imposed on that person under these Regulations with respect to any acts or omissions that occurred before the date of issuance of that notice of violation, unless they are set out in a notice of violation that is issued under subsection 41(1) on that same date.

Administrative Monetary Penalty

43 (1) The administrative monetary penalty for a violation in respect of any of section 36 and paragraphs 37(a) to (c) is determined by the formula

(A + B + C) × D

where

A

is the applicable baseline penalty set out in subsection (2);

B

is the amount, if any, related to the impact of the violation as set out in subsection (3);

C

is the financial advantage amount, if any, determined under subsection (4); and

D

is the multiplier for prior violations, as determined under subsection (5).

(2) The baseline penalty is the following:

• (a) for a violation in respect of section 36, $5,000;
• (b) for a violation in respect of paragraph 37(a), $15,000;
• (c) for a violation in respect of paragraph 37(b), $15,000; and
• (d) for a violation in respect of paragraph 37(c), $15,000.

(3) If an error in the administration of the Act results from a violation in respect of any of paragraphs 37(a) to (c), the amount related to the impact of the violation is $15,000.

(4) If the person who is believed to have committed the violation derives a financial advantage from the violation, the financial advantage amount is equal to the total of any amounts that they received in connection with the violation.

(5) The multiplier for prior violations is

• (a) 0.5, if the person has not previously been deemed to have committed, or determined by a reviewer to have committed, a violation referred to in section 35 or a violation referred to in section 315.46 of the Immigration and Refugee Protection Regulations;
• (b) 1, if the person has previously been deemed to have committed, or determined by a reviewer to have committed, violations referred to in paragraph (a) and all of the person’s prior violations were listed in a single notice of violation or in two notices of violation that were issued on the same date; and
• (c) 1.5, in any other case.

44 (1) The administrative monetary penalty for a violation in respect of subsection 38(3) is $10,000 multiplied by the multiplier for prior violations, as determined under subsection 43(5).

(2) A failure to comply with subsection 38(3) on more than one occasion in the course of an inspection conducted under subsection 38(1) results in one administrative monetary penalty only.

45 (1) If a notice of violation lists more than one violation and the total of the administrative monetary penalties exceeds $1.5 million, the total must be reduced by the excess amount.

(2) If a notice of violation is issued on the same date as a notice of violation issued under subsection 315.52(1) of the Immigration and Refugee Protection Regulations, the administrative monetary penalties set out in the two notices are cumulative, but the total must not exceed $1.5 million.

Payment

46 (1) Subject to section 47, the administrative monetary penalties that are assessed under these Regulations must be paid within 30 days after the date of receipt of the notice of violation unless the person to whom the notice is issued enters into an agreement with the Minister with respect to payment within those 30 days.

(2) If the person pays the administrative monetary penalties or enters into an agreement with the Minister in accordance with subsection (1), the person is deemed to have committed the violations.

Review

47 (1) A person to whom a notice of violation is issued may, instead of paying the administrative monetary penalties, request in writing, within 30 days after the date of receipt of the notice, a review of the notice of violation or of the penalties, or of both.

(2) The request must include the grounds on which it is based but must not include new evidence.

(3) If the person does not make a request in the time and manner set out in subsection (1), the person is deemed to have committed the violations.

48 (1) In respect of each violation under review, a reviewer must determine, on a balance of probabilities, whether the person who requests the review committed the violation and, if so, whether the administrative monetary penalty has been determined in accordance with these Regulations.

(2) If the reviewer determines that the person did not commit the violation, the reviewer must cancel the administrative monetary penalty.

(3) If the reviewer determines that the person committed the violation, the reviewer must verify that the administrative monetary penalty was determined in accordance with these Regulations and

• (a) if they consider that the penalty was so determined, confirm the amount of the penalty; or
• (b) if they consider that the penalty was not so determined, correct the amount.

(4) On completion of the review, the reviewer must confirm, amend or cancel the notice of violation by issuing to the person a notice of decision.

(5) The notice of decision must list all violations for which a determination under this section has been made and must indicate

• (a) the name of the person who requested the review;
• (b) in respect of each violation, the relevant facts and the provision at issue;
• (c) the decision and the reasons for the decision;
• (d) the administrative monetary penalty for each violation, if applicable;
• (e) the total of the penalties referred to in paragraph (d), if applicable;
• (f) if applicable, the fact that the total referred to in paragraph (e) is reduced in accordance with section 45;
• (g) the right of the person to apply for leave to commence an application for judicial review of the decision;
• (h) if applicable, the fact that the person must pay the administrative monetary penalties within 30 days after the date of receipt of the notice of decision unless they enter into an agreement with the Minister with respect to payment within those 30 days;
• (i) the method of payment for the administrative monetary penalties, if applicable; and
• (j) if the person is determined by the reviewer to have committed a violation, the fact that the information referred to in subsection 49(1) will be made public.

(6) The notice of decision is deemed to have been received 30 days after the day on which it is sent.

(7) The person must pay the administrative monetary penalties that are set out in the notice of decision within 30 days after the date of receipt of the notice unless they enter into an agreement with the Minister with respect to payment within those 30 days.

Consequences

49 (1) Subject to subsection (2), the Minister must publish the following information on the Department of Citizenship and Immigration’s website with respect to each person who has been deemed, or determined by a reviewer, to have committed a violation referred to in section 35:

• (a) their name;
• (b) the name and address of their business or place of employment, if any;
• (c) the date on which the notice of violation or the notice of decision, if any, was issued to the person;
• (d) the violation and provision at issue;
• (e) the administrative monetary penalty; and
• (f) an indication as to whether the person has paid the administrative monetary penalty.

(2) The Minister must not publish the information before the end of the period set out in subsection 47(1).

Coming into Force

3 These Regulations come into force on the day on which they are registered.

N.B. The Regulatory Impact Analysis Statement for these Regulations appears following SOR/2026-220, Regulations Amending the Immigration and Refugee Protection Regulations (Administrative Penalties and Consequences).