Governing Legislation and Resources on Citizenship (17:II)
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 11 2015 are bound by the current legislation. Those whose applications were submitted before this date will have to make careful note of the date, and then review the version of the Act that was in effect at the time the application was submitted.
The governing legislation is the Citizenship Act, RSC 1985, c C-29. The Act is relevant where a client 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, but does not extend beyond ties of blood or adoption. A mere parent-like relationship is insufficient. See Valois-D’Orleans v Canada (Minister of Citizenship & Immigration), 2005 F.C.J. No. 1258 (F.C.).|
|Registrar:||The Registrar of Canadian Citizenship.|
Citizenship and Immigration 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 web site 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.
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