Governing Legislation and Resources on Citizenship (17:II)

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 29, 2022.

On June 11th, 2015, changes to the Citizenship Act that had been phased in over the previous year were completed. Applicants may not be fully aware of these changes, but any applications submitted since June 11th, 2015 are bound by the current legislation. Those whose applications were submitted before this date will have to take careful note of the date, and then 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 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, thereby making it a right that cannot be arbitrarily withheld as was possible under its predecessor, the Canadian Citizenship Act, RSC 1970, c C-19.

For the purposes of this Chapter, some words have specific definitions:

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, see the below website: 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 most up to date forms, and the most current policies and procedures, it is important to always check the website of Immigration, Refugees and Citizenship Canada. 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. They explain the policies and procedures used by immigration officials to interpret the IRPA.

Online Website Online Manuals Address Vancouver Offices - Citizenship 200 - 877 Expo Boulevard Vancouver, B.C V6B 8P8 AND 1148 Hornby Street Vancouver, B.C. V6Z 2C3 Surrey Office - Citizenship #70 – 9900 King George Boulevard Surrey, B.C. V3T 0K9 Case Processing Centre - Citizenship P.O. Box 7000 Sydney, Nova Scotia B1P 6V6 Phone Toll-free in Canada: 1-888-242-2100

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