Governing Legislation and Resources on Citizenship (17:II): Difference between revisions
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{{REVIEWED LSLAP | date= | {{REVIEWED LSLAP | date= August 2, 2024}} | ||
{{LSLAP Manual TOC|expanded = citizenship}} | {{LSLAP Manual TOC|expanded = citizenship}} | ||
Changes to the [http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-29/latest/rsc-1985-c-c-29.html?resultIndex=1 ''Citizenship Act'', RSC 1985, c C-29] ("the ''Act''") were completed on June 11th, 2015. Applications submitted since June 11th, 2015 are bound by these changes. Those whose applications were submitted before this date should review the version of the ''Act'' that was in effect at the time the application was submitted. | |||
== A. Legislation == | == A. Legislation == | ||
The governing legislation is the [http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-29/latest/rsc-1985-c-c-29.html?resultIndex=1 ''Citizenship Act'', RSC 1985, c C-29]. The Act is relevant where an individual wishes to obtain, resume, or retain their citizenship, or to determine how it may be forfeited. Under the Act, citizenship is granted after certain requirements are met | The governing legislation is the [http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-29/latest/rsc-1985-c-c-29.html?resultIndex=1 ''Citizenship Act'', RSC 1985, c C-29] ("the ''Act''"). The ''Act'' is relevant where an individual wishes to obtain, resume, or retain their citizenship, or to determine how it may be forfeited. Under the ''Act'', citizenship is granted after certain requirements are met. Citizenship cannot be arbitrarily withheld as was possible under the ''Act's'' predecessor, the ''Canadian Citizenship Act'', RSC 1970, c C-19. | ||
For the purposes of this Chapter, | For the purposes of this Chapter, the following terms are commonly used when discussing Canadian citizenship: | ||
{| class="wikitable" | {| class="wikitable" | ||
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| Ceremony Room: | | Ceremony Room: | ||
| An office of the Department of Immigration, Refugees and Citizenship of Canada or other place where a citizenship judge performs his or her duties under the Act. | | An office of the Department of Immigration, Refugees and Citizenship of Canada or other place where a citizenship judge performs his or her duties under the ''Act''. | ||
|- | |- | ||
| Citizenship Judge: | | Citizenship Judge: | ||
| Any citizen appointed by the Governor in Council to be a citizenship judge and to perform duties as the Minister prescribes for carrying into effect the purposes and provisions of the Act under s 26. | | Any citizen appointed by the Governor in Council to be a citizenship judge and to perform duties as the Minister prescribes for carrying into effect the purposes and provisions of the ''Act'' under s 26. | ||
|- | |- | ||
| Minister: | | Minister: | ||
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| Parent: | | Parent: | ||
| The father or mother of a child. This includes an adoptive parent. | | The father or mother of a child. This includes an adoptive parent. | ||
'''NOTE:''' | '''NOTE:''' On July 9, 2020, IRCC announced a change in the interpretation of “parent” under the ''Citizenship Act''. The change allows non-biological Canadian parents who are their child’s legal parent at birth to pass down Canadian citizenship to their children born abroad in the first generation. This new interpretation helps Canadian parents who have relied on assisted human reproduction to start a family, including members of the LGBTQ2+ community and couples with fertility issues. Until now, a child born abroad was automatically recognized as a citizen at birth only if the child shared a genetic link to the Canadian parent or if the child was born to a Canadian parent in the first generation. For more information, visit the website below: | ||
https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/07/citizenship-change-benefits-couples-with-fertility-issues-and-same-sex-couples.html. | https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/07/citizenship-change-benefits-couples-with-fertility-issues-and-same-sex-couples.html. | ||
|- | |- | ||
| Registrar: | | Registrar: | ||
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=== Immigration, Refugees and Citizenship Canada === | === Immigration, Refugees and Citizenship Canada === | ||
Canadian citizenship law undergoes constant and sometimes unpredictable change. To ensure that you are using the | Canadian citizenship law undergoes constant and sometimes unpredictable change. To ensure that you are using the correct forms, and the most current policies and procedures, it is important to check the [https://www.canada.ca/en/immigration-refugees-citizenship.html IRCC website]. Here you can find information, downloadable forms, and links to the ''IRPA'', Regulations, and Policy Manuals. Operational Manuals and Bulletins published by IRCC are available online under the Publications heading, and explain the policies and procedures used by immigration officials to interpret the ''IRPA''. | ||
{{ResourcesLSLAP | {{ResourcesLSLAP | ||
| address = '''Vancouver Offices - Citizenship''' <br /> 200 - 877 Expo Boulevard <br /> Vancouver, B.C V6B 8P8 <br /> AND <br /> 1148 Hornby Street <br /> Vancouver, B.C. V6Z 2C3 <br /> '''Surrey Office - Citizenship''' <br /> #70 – 9900 King George Boulevard <br /> Surrey, B.C. V3T 0K9 <br /> '''Case Processing Centre - Citizenship''' <br /> P.O. Box 7000 <br /> Sydney, Nova Scotia B1P 6V6 | | address = '''Vancouver Offices - Citizenship''' <br /> 200 - 877 Expo Boulevard <br /> Vancouver, B.C V6B 8P8 <br /> AND <br /> 1148 Hornby Street <br /> Vancouver, B.C. V6Z 2C3 <br /> '''Surrey Office - Citizenship''' <br /> #70 – 9900 King George Boulevard <br /> Surrey, B.C. V3T 0K9 <br /> '''Case Processing Centre - Citizenship''' <br /> P.O. Box 7000 <br /> Sydney, Nova Scotia B1P 6V6 | ||
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Latest revision as of 17:23, 7 August 2024
This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 2, 2024. |
Changes to the Citizenship Act, RSC 1985, c C-29 ("the Act") were completed on June 11th, 2015. Applications submitted since June 11th, 2015 are bound by these changes. Those whose applications were submitted before this date should review the version of the Act that was in effect at the time the application was submitted.
A. Legislation
The governing legislation is the Citizenship Act, RSC 1985, c C-29 ("the Act"). The Act is relevant where an individual wishes to obtain, resume, or retain their citizenship, or to determine how it may be forfeited. Under the Act, citizenship is granted after certain requirements are met. Citizenship cannot be arbitrarily withheld as was possible under the Act's predecessor, the Canadian Citizenship Act, RSC 1970, c C-19.
For the purposes of this Chapter, the following terms are commonly used when discussing Canadian citizenship:
Citizen: | A Canadian citizen. |
Ceremony Room: | An office of the Department of Immigration, Refugees and Citizenship of Canada or other place where a citizenship judge performs his or her duties under the Act. |
Citizenship Judge: | Any citizen appointed by the Governor in Council to be a citizenship judge and to perform duties as the Minister prescribes for carrying into effect the purposes and provisions of the Act under s 26. |
Minister: | The Minister of Immigration, Refugees and Citizenship of Canada. |
Permanent Resident: | A person conferred with this status under the Immigration and Refugee Protection Act. |
Minor: | A person who has not attained the age of 18 years. |
Parent: | The father or mother of a child. This includes an adoptive parent.
NOTE: On July 9, 2020, IRCC announced a change in the interpretation of “parent” under the Citizenship Act. The change allows non-biological Canadian parents who are their child’s legal parent at birth to pass down Canadian citizenship to their children born abroad in the first generation. This new interpretation helps Canadian parents who have relied on assisted human reproduction to start a family, including members of the LGBTQ2+ community and couples with fertility issues. Until now, a child born abroad was automatically recognized as a citizen at birth only if the child shared a genetic link to the Canadian parent or if the child was born to a Canadian parent in the first generation. For more information, visit the website below: https://www.canada.ca/en/immigration-refugees-citizenship/news/2020/07/citizenship-change-benefits-couples-with-fertility-issues-and-same-sex-couples.html. |
Registrar: | The Registrar of Canadian Citizenship. |
B. Resources
Immigration, Refugees and Citizenship Canada
Canadian citizenship law undergoes constant and sometimes unpredictable change. To ensure that you are using the correct forms, and the most current policies and procedures, it is important to check the IRCC website. Here you can find information, downloadable forms, and links to the IRPA, Regulations, and Policy Manuals. Operational Manuals and Bulletins published by IRCC are available online under the Publications heading, and explain the policies and procedures used by immigration officials to interpret the IRPA.
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