Who is a Canadian Citizen? (17:III)

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A student should check to determine whether the client is a Canadian citizen. Section 3 of the Act provides that a person is a citizen if they meet one the enumerated conditions. These include, in part, a person who was:

  • born in Canada;
  • born outside of Canada to at least one Canadian parent who was born in Canada;
  • born outside Canada to at least one parent who became a Canadian citizen by naturalization – persons who obtain citizenship this way cannot confer it upon their own children born outside of Canada;
  • a citizen immediately before February 15, 1977 (i.e. under the old Act); and/or
  • granted citizenship or has acquired citizenship pursuant to s 5, 5.1, or 11 of the Act.

A. Grant of Citizenship vs. Proof of Citizenship

A person who is a Canadian citizen by virtue of being born in Canada or being born outside of Canada to a Canadian parent may apply for proof of citizenship. To receive proof of citizenship, it is not necessary to pass the test or to take the oath of citizenship.

Persons who are living outside Canada should contact the Canadian Embassy in that country.

Permanent Residents of Canada who have fulfilled the necessary requirements can apply for and may be granted citizenship.

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by LSLAP 1 and LSLAP 2, August 10, 2015.
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