Marginal note:Revocation by Minister — fraud, false representation, etc.

• 10 (1) Subject to subsection 10.1(1), the Minister may revoke a person’s citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

• (2) [Repealed, 2017, c. 14, s. 3]

• Marginal note:Notice

  (3) Before revoking a person’s citizenship or renunciation of citizenship, the Minister shall provide the person with a written notice that specifies

  • (a) the person’s right to make written representations;

  • (b) the period within which the person may make his or her representations and the form and manner in which they must be made; and

  • (c) the grounds on which the Minister is relying to make his or her decision.

• Marginal note:Hearing

  (4) A hearing may be held if the Minister, on the basis of prescribed factors, is of the opinion that a hearing is required.

• Marginal note:Notice of decision

  (5) The Minister shall provide his or her decision to the person in writing.

Marginal note:Revocation for fraud — declaration of Court

• 10.1 (1) If the Minister has reasonable grounds to believe that a person obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances, with respect to a fact described in section 34, 35 or 37 of the Immigration and Refugee Protection Act other than a fact that is also described in paragraph 36(1)(a) or (b) or (2)(a) or (b) of that Act, the person’s citizenship or renunciation of citizenship may be revoked only if the Minister seeks a declaration, in an action that the Minister commences, that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances and the Court makes such a declaration.

• (2) [Repealed, 2017, c. 14, s. 4]

• Marginal note:Effect of declaration

  (3) A declaration made under subsection (1) has the effect of revoking a person’s citizenship or renunciation of citizenship.

• Marginal note:Proof

  (4) For the purposes of subsection (1), the Minister need prove only that the person has obtained, retained, renounced or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances.

Marginal note:Presumption

10.2 For the purposes of subsections 10(1) and 10.1(1), a person has obtained or resumed his or her citizenship by false representation or fraud or by knowingly concealing material circumstances if the person became a permanent resident, within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, by false representation or fraud or by knowingly concealing material circumstances and, because of having acquired that status, the person subsequently obtained or resumed citizenship.

10.3 [Repealed, 2017, c. 14, s. 5]

10.4 [Repealed, 2017, c. 14, s. 5]

Marginal note:Inadmissibility

• 10.5 (1) On the request of the Minister of Public Safety and Emergency Preparedness, the Minister shall, in the originating document that commences an action under subsection 10.1(1), seek a declaration that the person who is the subject of the action is inadmissible on security grounds, on grounds of violating human or international rights or on grounds of organized criminality under, respectively, subsection 34(1), paragraph 35(1)(a) or (b) or subsection 37(1) of the Immigration and Refugee Protection Act.

• Marginal note:Party

  (2) When a declaration is sought under subsection (1), the Minister of Public Safety and Emergency Preparedness becomes a party to the action commenced under subsection 10.1(1).

• Marginal note:Removal order

  (3) A declaration that the person is inadmissible on one of the grounds referred to in subsection (1) is a removal order against the person under the Immigration and Refugee Protection Act that comes into force when it is made, without the necessity of holding or continuing an examination or an admissibility hearing under that Act. The removal order is a deportation order as provided for in regulations made under that Act.

• Marginal note:Procedure

  (4) If a declaration is sought under subsection (1), the Court shall first hear and decide all matters related to the declaration sought under subsection 10.1(1). If the Court denies the declaration sought under subsection 10.1(1), it shall also deny the declaration sought under subsection (1).

• Marginal note:Evidence

  (5) If a declaration sought under subsection (1) is not denied under subsection (4), the Court

  • (a) shall assess the facts — whether acts or omissions — alleged in support of the declaration on the basis of reasonable grounds to believe that they have occurred, are occurring or may occur;

  • (b) shall take into account the evidence already admitted by it and consider as conclusive any finding of fact already made by it in support of the declaration sought under subsection 10.1(1); and

  • (c) with respect to any additional evidence, is not bound by any legal or technical rules of evidence and may receive and base its decision on any evidence adduced in the proceedings that it considers credible or trustworthy in the circumstances.

• Marginal note:Single judgment

  (6) The Court shall issue a single judgment in respect of the declarations sought under subsections (1) and 10.1(1).

Marginal note:No appeal from interlocutory judgment

10.6 Despite paragraph 27(1)(c) of the Federal Courts Act, no appeal may be made from an interlocutory judgment made with respect to a declaration referred to in subsection 10.1(1) or 10.5(1).

Marginal note:No appeal unless question stated

10.7 An appeal to the Federal Court of Appeal may be made from a judgment under section 10.1 or 10.5 only if, in rendering judgment, the judge certifies that a serious question of general importance is involved and states the question.

PART IIIResumption of Citizenship

Marginal note:Resumption by application

• 11 (1) The Minister shall grant citizenship to any person who, having ceased to be a citizen,

  • (a) makes an application for resumption of citizenship;

  • (b) is not the subject of an order made under section 10, as it read immediately before the coming into force of section 8 of the Strengthening Canadian Citizenship Act, a decision made under section 10, a declaration made under section 10.1 or an order made under section 18 of the former Act;

  • (b.1) is not the subject of a declaration made under section 20;

  • (c) is not under a removal order; and

  • (d) has become a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and has, since having ceased to be a citizen and become a permanent resident,

    • (i) been physically present in Canada for at least 365 days during the two years immediately before the date of the application, and

    • (ii) met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.

  • (e) [Repealed, 2017, c. 14, s. 7]

• Marginal note:Canadian Armed Forces — permanent resident

  (1.1) Paragraph (1)(d) does not apply to a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act who has, subject to the regulations, no unfulfilled conditions under that Act relating to his or her status as a permanent resident and who

  • (a) during the two years immediately before the date of the application, completed six months of service in the Canadian Armed Forces; and

  • (b) has met any applicable requirement under the Income Tax Act to file a return of income in respect of the taxation year immediately before the year in which the application is made.

  However, paragraph (1)(d) does apply to the permanent resident if he or she was released other than honourably from the Canadian Armed Forces.

• Marginal note:Canadian Armed Forces — person attached or seconded

  (1.2) Paragraph (1)(d) does not apply to a person who is or was attached or seconded to the Canadian Armed Forces and who, during the two years immediately before the date of the application, completed six months of service with the Canadian Armed Forces.

• Marginal note:Automatic acquisition of citizenship

  (2) Notwithstanding any other provision of this Act, a woman, who

  • (a) by virtue of any law of Canada in force at any time before January 1, 1947 had, by reason only of her marriage or the acquisition by her husband of a foreign nationality, ceased to be a British subject, and

  • (b) would have been a citizen had the former Act come into force immediately before her marriage or the acquisition by her husband of a foreign nationality,

  acquires citizenship immediately on the receipt by the Minister of a notice in writing by her that she elects to be a citizen.