Difference between pages "The Right to Vote (5:VII)" and "Citizenship Grants: How to Become a Canadian Citizen (17:V)"

Revision as of 21:57, 16 August 2021

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on August 16, 2021.

A. Grant of citizenship under s 5

NOTE: Regulations may change. Please check the regulations and the IRCC website for the most current information on what is required for a grant of citizenship under section 5.

To be granted citizenship, applicants must meet the required qualifications (as set out in s 5(1) of the Citizenship Act). An applicant must:

a. Make an application for citizenship, or, in the case of a minor, has a person empowered to act on their behalf make the application

b. Be a PR with no unfulfilled conditions relating to their status as PR

c. Have, since becoming a permanent resident,

i. been physically present in Canada for at least 1095 days in the five(5) years immediately before the date of submission of the application for citizenship.

ii. file income taxes (if required by the Income Tax Act) for any three taxation years that are fully or partially within the five years before you apply.

iii. Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship up to a maximum credit of 365 days.

iv. with regard to the period of physical presence, please refer to the Citizenship Act ss. 1.01, 1.02, 1.03, 1.2 & 1.3 for detais of exceptions

d. For those aged 18-54 years old: Submit proof that they can speak and listen at Canadian Language Benchmark (CLB) Level 4 or higher.

e. For those aged 18-54 years old: Take a citizenship test, showing adequate knowledge of Canada and of the responsibilities and privileges of citizenship;

f. Must not be under a removal order; and

g. Must not be under a prohibition (see C. Prohibitions).

NOTE: The Residence Calculator on the IRCC website is currently accepted by IRCC as a method for calculating presence in Canada. Applicants can print off the results of the calculator and include them with their citizenship application.

NOTE: If the individual is between the ages of 18 and 54, they are required to send proof of their ability to speak and listen in English or French in the citizenship application. Examples of acceptable documents that satisfy this requirement are the results of IRCC-approved third-party tests; transcripts or diploma from a secondary or post-secondary education in English or French, in Canada or abroad; evidence of achieving Canadian Language Benchmark (CLB)/Niveau de compétence linguistique canadien (NCLC) (http://www.language.ca/) level 4 or higher in certain government-funded language training programs. The full list of acceptable documents can be found on the IRCC website.

NOTE: If an applicant studied at a post-secondary program in English or French in or outside Canada, they do not need to write a language test; they can submit their diploma, transcript, or certificate with their citizenship application.

B. Resumption of citizenship, s 11

A person who was a Canadian citizen in the past, but who lost citizenship, may apply for a grant of citizenship (resumption) under s 11(1) of the Citizenship Act. A former Canadian citizen may resume citizenship if that person:

a) Makes an application for resumption of citizenship,

b) Was a citizen and lost citizenship by means other than revocation,

c) Became a permanent resident after the loss of citizenship,

d) d) Lived in Canada as a permanent resident for at least one year during the two years immediately before the application, and filed income tax (if required) for the last taxation year immediately before the application,

e) Is not under a prohibition for certain criminal charges and convictions,

f) Is not under a removal order (e.g. deportation), and

g) Does not present a security risk.

Women who lost their citizenship by a law in force before January 1, 1947 because of their marriage or because their husband acquired foreign nationality can resume their citizenship as soon as they notify the Minister of their intention and produce satisfactory evidence to prove they meet the requirements of s 11(2). The applicant should provide the reasons she wants another certificate of citizenship and should surrender all previous certificates either at the time of application or when she receives her new certificate. Where the applicant has lost or destroyed her certificate of naturalization or citizenship, she must provide the details of that loss or destruction.

C. Prohibitions (ss 19 & 22 of the Act)

Persons will not be granted citizenship under ss 5(1),(2) or (4) or 11(1) of the Citizenship Act, or take the oath of citizenship, if the person:

a) Is under a probation order,

b) Is a paroled inmate,

c) Is serving a term of imprisonment,

d) d) While the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;

e) Is charged with, on trial for, subject to, or a party to an appeal relating to an offence under the Citizenship Act or any indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act, SC 1992, c 47 [Contraventions Act],

f) Requires but has not obtained the consent of the Minister of Immigration, Refugees and Citizenship, under s 52(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [Immigration and Refugee Protection Act], to be admitted to and remain in Canada as a permanent resident,

g) Is under investigation by the Minister of Justice, the RCMP, or the Canadian Security Intelligence Service or charged with, on trial for, a party to an appeal, or has been convicted of an act or omission referred to in s 7(3.71) of the Criminal Code, RSC 1985, c. C-46, (war crimes or crimes against humanity),

h) Convicted of certain crimes against humanity or war crimes;

i) If the applicant misrepresents or withhold important or relevant facts that could induce immigration authorities to make an error in administering immigration laws and regulations with respect to their application;

j) In the four year period immediately preceding the date of the citizenship application, or during the period between the date of the application and the date citizenship would be granted or the oath of citizenship would be recited, the person has been convicted of an offence under s 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the Contraventions Act, or

h) During the 10 years immediately preceding the citizenship application, ceased to be a citizen pursuant to s 10(1), where the Governor in Council was satisfied that the person has obtained, retained, renounced or resumed citizenship under the Citizenship Act by false representation or fraud or by knowingly concealing material circumstances. Time spent in prison, on parole or on probation does not count towards fulfilling the residency requirement.

Additionally, citizenship will not be granted where there are reasonable grounds to believe that an applicant will engage in activity that:

a) Constitutes a threat to the security of Canada, or

b) Is part of a pattern of criminal activity planned and organized by a number of persons acting in concert to commit any offence that is punishable by indictment under any Act of Parliament.

Persons not approved for these reasons will have any applications or appeals rejected and this declaration will have effect for three years after the date on which it has been made.

D. Minors

With the 2017 Bill C-6 having received royal assent, minors can now apply for citizenship without a Canadian parent, as the age requirement for citizenship has been removed under subsection 5(1). A person having custody of the minor or empowered to act on their behalf by court order, written agreement or operation of law (s, 5(1.04)), can now apply for citizenship on behalf of the minor, unless that requirement is waived by the Minister (ss. 5(1.05) & 5(3)(b)(v)).

The four-year residency requirement does not apply to children under the age of 18. There is no residency requirement for children applying under s 5(2). Parents who are citizens may apply for citizenship for their child as soon as the child becomes a permanent resident (s 5(2)). Adoptive parents who are citizens may bypass the permanent residency requirement, and may make an application for citizenship on behalf of their child directly (s 5.1(1)). However, in order to do so the adoption must “create a genuine relationship of parent and child”. Additionally, this direct route to citizenship is not available beyond the first generation of Canadians born or adopted abroad (i.e. the parents must derive their own citizenship by being born in Canada or through naturalization).

Children are not required to write the citizenship test, but children who are 14 and over are required to take the oath. If a child turns 18 before the end of the application process, he or she cannot be granted citizenship as a minor, even though they were under the age of 18 at the time of application. They must submit an adult application of citizenship. Stateless applicants under s 5(5) have until age 23 to complete the application process.

E. Special cases

In some cases, the Minister may, at his or her discretion, waive on compassionate grounds (s 5(3)),

a) The requirements of language and knowledge of Canada or of the responsibilities and privileges of citizenship, and

b) The requirement to take the oath, in the case of any person who is prevented from understanding the significance of taking the oath of citizenship by reason of mental disability.

Section 5(3.1) requires that for the purpose of section 5, if an applicant for citizenship is a disabled person, the Minister to take into consideration the measures that are reasonable to accommodate the needs of that person.

Section 5(4) allows the Governor in Council, in his or her discretion, to direct the Minister to grant citizenship to any person in order to alleviate cases of statelessness or of special and unusual hardship or to reward service of exceptional value to Canada, notwithstanding any other requirements under the Act. The relevant policy guideline of IRCC can be found at this website: www.cic.gc.ca/english/resources/manuals/index.asp. Exceptions are granted so it is always worth considering this. The policy guideline is vital in this consideration.

@@ Line 1: / Line 1: @@
-{{REVIEWED LSLAP | date= June 30, 2021}}
+{{REVIEWED LSLAP | date= August 16, 2021}}
-{{LSLAP Manual TOC|expanded = complaints}}
+{{LSLAP Manual TOC|expanded = citizenship}}
-== A. Introduction ==
+== A. Grant of citizenship under s 5 ==
-The right to participate in the selection of their elected representatives is a basic right enjoyed by the citizens of any democracy. While this has always been recognized to some extent in Canada, in 1982 the right to vote was entrenched in the constitution by section 3 of the ''Canadian Charter of Rights and Freedoms''. Under section 3, “[e]very citizen of Canada has the right to vote in an election of members of the House of Commons or of a legislative assembly and to be qualified for membership therein”.
+'''NOTE:''' Regulations may change. Please check the regulations and the IRCC website for the most current information on what is required for a grant of citizenship under section 5.
-While this right is qualified by section 1 of the ''Charter'', it is not subject to the overriding power provision (the “notwithstanding clause”) of section 33. As a result, any government wishing to place restrictions on the right to vote must do so in a manner that is reasonable and demonstrably justified in a free and democratic society under section 1.
-In this chapter, the discussion of voting rights will focus primarily on the requirements a person must meet to be eligible to vote in provincial, federal,
+To be granted citizenship, applicants must meet the required qualifications (as set out in s 5(1) of the Citizenship Act). An applicant must:
-and municipal elections.
-== B. British Columbia Provincial Elections ==
+a.	Make an application for citizenship, or, in the case of a minor, has a person empowered to act on their behalf make the application
-Eligibility requirements for BC provincial elections are outlined in the ''Election Act'', RSBC 1996, c 106. A student should consult this ''Act''  if a client has a specific problem as the ''Act'' is too lengthy to be discussed in detail in this chapter.
+b.      Be a PR with no unfulfilled conditions relating to their status as PR
-=== 1. General Information ===
+c.	Have, since becoming a permanent resident,
-The province is divided into various electoral districts, each represented by an elected Member of the Legislative Assembly (MLA). Each  district has a registrar of voters whose duty is to ensure that the election of candidates in that district is carried out properly. The elections process is supervised by the Chief Electoral Officer. Elections BC can be contacted at:
+:i.	been physically present in Canada for at least 1095 days in the five(5) years immediately before the date of submission of the application   for citizenship.
-'''Elections British Columbia'''
+:ii.	file income taxes (if required by the Income Tax Act) for any three taxation years that are fully or partially within the five years before you apply.
-{{ResourcesLSLAP
+:iii.	Applicants may count each day they were physically present in Canada as a temporary resident or protected person before becoming a permanent resident as a half-day toward meeting the physical presence requirement for citizenship up to a maximum credit of 365 days.
-| address = P.O. Box 9275 Stn  Provincial Government <br /> Victoria, BC V8W 9J6
-| phone = Toll-free: 1-800-661-8683 <br />
-| online = [http://www.elections.bc.ca Website] <br /> Email: electionsbc@elections.bc.ca
-}}
-=== 2. Who Is Eligible to Vote ===
+:iv.	with regard to the period of physical presence, please refer to the Citizenship Act ss. 1.01, 1.02, 1.03, 1.2 & 1.3 for detais of exceptions
-Section 29 of the ''Election Act'' sets out who is eligible to vote in provincial elections. It states that in order to be eligible to vote in an electoral district, an individual must be a Canadian citizen over the age of 18, must be a registered resident of the electoral district,  must have been a resident of British Columbia for at least six months, and must not be otherwise disqualified.
+d.	For those aged 18-54 years old: Submit proof that they can speak and listen at Canadian Language Benchmark (CLB) Level 4 or higher.
-Although the requirement for individuals to be resident in British Columbia for six months seems to constitute a violation of section 3 of the Charter, case law has held similar provisions to be constitutional. In ''[https://www.canlii.org/en/yk/ykca/doc/1986/1986canlii3944/1986canlii3944.html?autocompleteStr=Re%20Yukon&autocompletePos=4 Re Yukon Election Residency Requirements]'', [1986] 2 BCCR (2d) 50 (CA), BC’s Court of Appeal sitting as the Yukon’s Court of Appeal upheld a 12-month residency requirement imposed by the territorial government. The court found that this was a reasonable limit that was justified because of the desirability of having only persons familiar with local conditions voting for local representatives.
+e.	For those aged 18-54 years old: Take a citizenship test, showing adequate knowledge of Canada and of the responsibilities and privileges of citizenship;
-Section 30 disqualifies the following individuals from voting: the chief electoral officer, the deputy chief electoral officer, and anyone  prohibited from voting under Part 12 of the ''Election Act''.
+f.      Must not be under a removal order; and
-Keep in mind that this is just a general guide, and is not meant to be an exhaustive list. Consult the ''Election Act'' for more detailed and extensive information.
+g.	Must not be under a prohibition (see C. Prohibitions).
-Section 32 of the ''Election Act'' provides that individuals may only vote in an electoral district in which they are a resident. The ''Act'' defines a residence as the place where a person’s habitation is fixed, and to which, if they are absent, they intend to return. Note the following additional considerations:
+'''NOTE:''' The Residence Calculator on the IRCC website is currently accepted by IRCC as a method for calculating presence in Canada. Applicants can print off the results of the calculator and include them with their citizenship application.
-*Leaving one’s home temporarily does not affect one’s residency status, but if a person leaves with the intention to remain away either indefinitely or permanently, that person loses their status as a resident in BC.
-*Persons entering the province temporarily are not considered to be resident for election purposes.
-*Generally, a person's residence is the place where their family resides, but if a person moves out of the family home and does not intend to return, the person's residence will be the new place they have moved to.
-*Single people reside where they sleep, regardless of where they eat or work.
-*A change of residence occurs only if a person moves to and intends to remain in another place.
-*Canadian military personnel who reside in BC do not lose their resident status by leaving the province for extended periods of time in the  course of their employment. Spouses and children who accompany military personnel may also retain their BC residence status.
-=== 3. Registration and Voting Procedures ===
+'''NOTE:''' If the individual is between the ages of 18 and 54, they are required to send proof of their ability to speak and ''listen'' in English or French in the citizenship application. Examples of acceptable documents that satisfy this requirement are the results of IRCC-approved third-party tests; transcripts or diploma from a secondary or post-secondary education in English or French, in Canada or abroad; evidence of achieving Canadian Language Benchmark (CLB)/Niveau de compétence linguistique canadien (NCLC) (http://www.language.ca/) level 4 or higher in certain government-funded language training programs. The full list of acceptable documents can be found on the IRCC website.
-Eligible voters who are not presently on the voters’ list in their district may obtain an application form from the registrar of the Electoral   District in which they reside. Occasionally the Registrar General will hire Deputy Registrars to visit residences to obtain new applications.
+'''NOTE:''' If an applicant studied at a post-secondary program in English or French in or outside Canada, they do not need to write a language test; they can submit their diploma, transcript, or certificate with their citizenship application.
-Upon receiving an application and being satisfied that the application is valid and correct, the District Registrar will add the applicant’s name to the voters’ list. That person is then eligible to vote in the next provincial election.
+== B. Resumption of citizenship, s 11 ==
-An eligible voter may also register at a voting place on the day of the election. Amendments to the ''Election Act'' enacted in 2008 require  that the applicant produce identification in the form of either (s 41(3)):
+A person who was a Canadian citizen in the past, but who lost citizenship, may apply for a '''grant''' of citizenship (resumption) under [http://www.cic.gc.ca/english/citizenship/language.asp s 11(1) of the ''Citizenship Act'']. A former Canadian citizen may resume citizenship if that person:<br>
-* one document, issued by the Government of British Columbia or Canada, that contains the applicant’s name, photograph, and place of residence;
-* one document, issued by the Government of Canada, that certifies that the applicant is registered as an Indian under the ''Indian Act'' (Canada);or
-* at least 2 documents of a type authorized by the chief electoral officer, both of which contain the applicant's name and at least one of which contains the applicant's place of residence.
-Alternatively, section 41.1 allows eligible voters without documentation to be “vouched” for by a voter registered in the applicant’s electoral district with documentation, a family member, or “a person having authority under the  common law or an enactment to make personal care decisions in respect of the applicant.”
+a) Makes an application for resumption of citizenship,<br>
-'''NOTE:''' In the 2013 provincial election, prescription pill bottles or inhalers with the applicant’s name were accepted as a valid form of  identification. This was done to address the unique challenges the homeless and those without government-issued identification face when exercising their right to vote.
+b) Was a citizen and lost citizenship by means other than revocation,<br>
-When an election writ is issued, the District Registrar will advertise in newspapers announcing the closing day for applications to register.
+c) Became a permanent resident after the loss of citizenship,<br>
-According to the court in ''[https://www.canlii.org/en/bc/bcca/doc/1985/1985canlii335/1985canlii335.html?autocompleteStr=Hoogbruin%20v%20BC%20(Attorney%20General)%20(1985)%2C%2070%20BCLR%201%20(CA)&autocompletePos=1 Hoogbruin v BC (Attorney  General)]'' (1985), 70 BCLR 1 (CA), individuals have a constitutional right to use  absentee ballots. The procedure for absentee balloting is outlined in section 105 of the ''Election Act''. Section 27 requires that general voting day for an election is the 28th day after the date on which the election is called. If that day is a holiday, the election will be on the next day that is not a holiday. On election day itself, polls are open from 8:00 a.m. to 8:00 p.m.
+d) d)	Lived in Canada as a permanent resident for at least one year during the two years immediately before the application, and filed income tax (if required) for the last taxation year immediately before the application,
-If a voter does not understand English, subsection 269(3) states that a sworn interpreter may be used to translate the required oath to the voter. Under subsection 269(4), before acting as a translator under subsection (3), an individual must make a solemn declaration that the person will be able to make the translation and will do so to the best of their abilities.
+e) Is not under a prohibition for certain criminal charges and convictions,<br>
-Section 109 deals with special circumstances whereby voters with physical disabilities or difficulties in reading or writing are able to get assistance in marking their ballots.
+f) Is not under a removal order (e.g. deportation), and<br>
-Employees are entitled by section 74 to four '''consecutive hours''' off during poll hours to attend a polling station, without loss of wages. However, the employer is entitled to choose which four hours are most convenient.
+g) Does not present a security risk.
-Upon arrival at the polling station, the voter must sign his or her name in a voting book (s 274), and confirm present address. Refusing to comply with this demand will disqualify the voter. Upon receiving a ballot, the voter proceeds to a screened compartment, marks the ballot and  returns the ballot to the Returning Officer, who, in full view of the voter, must place the ballot in the ballot box. The voting must be by a  secret ballot as per section 90. Each individual present at a voting place, including people such as voters and ballot counters, must not interfere with an individual marking a ballot, attempt to discover how an individual voted, or communicate information regarding how another  person voted or marked their ballot. The voter is then required to leave the premises.
+Women who lost their citizenship by a law in force before January 1, 1947 because of their marriage or because their husband acquired foreign nationality can resume their citizenship as soon as they notify the Minister of their intention and produce satisfactory evidence to prove they meet the requirements of [http://www.cic.gc.ca/english/citizenship/language.asp s 11(2)]. The applicant should provide the reasons she wants another certificate of citizenship and should surrender all previous certificates either at the time of application or when she receives her new certificate. Where the applicant has lost or destroyed her certificate of naturalization or citizenship, she must provide the details of that loss or destruction.
-=== 4. Complaints about Elections BC ===
+== C. Prohibitions (ss 19 & 22 of the Act) ==
-If you have a complaint about contraventions of the ''Election Act'', RSBC 1996, c 106, ''Local Elections Campaign Financing Act'', SBC 2014, c 18, or the ''Recall and Initiative Act'', RCBC 1996, c 398, you may make a complaint in writing by:
-Mail:
+Persons will not be granted citizenship under ss 5(1),(2) or (4) or 11(1) of the ''Citizenship Act'', or take the oath of citizenship, if the person:
-PO Box 9275 Stn Prov Govt
-Victoria BC, V8W 9J6
-or
+a)	Is under a probation order,
-Email: investigations@elections.bc.ca
+b)	Is a paroled inmate,
-Please see the Elections BC website here for information to include in your complaint: [https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/ https://elections.bc.ca/resources/investigations/how-to-make-a-complaint/].
+c)	Is serving a term of imprisonment,
-== C. Federal Elections ==
+d) d)	While the person is serving a sentence outside Canada for an offence committed outside Canada that, if committed in Canada, would constitute an offence under an enactment in force in Canada;
-The rules and regulations governing federal elections are set out in the ''Canada Elections Act'', RSC 2000, c 9, and its subsequent  amendments. Many of these rules and regulations are similar to those applicable to BC provincial elections discussed above. A brief survey of  the federal Act is included below.
+e)	Is charged with, on trial for, subject to, or a party to an appeal relating to an offence under the  ''Citizenship Act'' or any indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the ''Contraventions Act'', SC 1992, c 47 [''Contraventions Act''],
-Canadian citizens who are 18 years of age or older on election day are generally eligible to vote in federal elections (s 3).
+f)	Requires but has not obtained the consent of the Minister of Immigration, Refugees and Citizenship, under s 52(1) of the Immigration and Refugee Protection Act, SC 2001, c 27 [Immigration and Refugee Protection Act], to be admitted to and remain in Canada as a permanent resident,
-While federal residency requirements do exist, they are more relaxed than those applicable to BC provincial elections. A person may vote only  once, in the area in which they are “ordinarily resident” (s 8(1)). This is defined in much the same way as “resident” is defined in section 32 of BC’s ''Election Act''. A person who moves between the enumerator’s visit and the day of the election could be forced to vote in the former riding if ordinarily resident there when the enumeration occurred.
+g)	Is under investigation by the Minister of Justice, the RCMP, or the Canadian Security Intelligence Service or charged with, on trial for, a party to an appeal, or has been convicted of an act or omission referred to in s 7(3.71) of the Criminal Code, RSC 1985, c. C-46, (war crimes or crimes against humanity),
-All voters must present one piece of government-issued ID with a photograph and residential address before being allowed to vote (s 143(2)(a)). If a voter cannot provide the required photo ID, they may still be allowed to vote if they do one of two things (s 143(2)(b) and s 143(3)):
+h) 	Convicted of certain crimes against humanity or war crimes;
-#provides two pieces of acceptable identification to establish the voter's identity, at least one of which establishes the voter’s residence (a list of “acceptable identification” is to be published by the Chief Electoral Officer); or
-#provides two pieces of identification that establishes the voter's name, and then establishes their residence by swearing an oath in  writing that attests to where they live. The voter must also be accompanied by an individual who is '''registered to vote in the same polling division''', has '''proper identification''', and vouches for the person without ID under oath and in the prescribed form. An individual can only vouch for one person at an election, and an individual who has been vouched for cannot vouch for someone else.
-These requirements pose significant challenges to low-income individuals who may have no form of official identification. Further difficulties are created by the rule that an individual may only vouch for one other individual and the requirement that the voucher lives and is on the elector’s list in the same polling station as the intended vouchee.
+i) 	If the applicant misrepresents or withhold important or relevant facts that could induce immigration authorities to make an error in administering immigration laws and regulations with respect to their application;
-The provisions relating to vouching, as described above, were brought into force by the ''Fair Elections Act'' in December 2014.  Under the new provisions, voters who have identification but cannot prove residence will be allowed to sign an oath attesting to where they live, which must then be corroborated by the oath of another voter.  However, this leaves voters who have no identification whatsoever with little recourse.  This controversial measure could significantly inhibit the ability of low-income citizens and students to vote.
+j)	In the four year period immediately preceding the date of the citizenship application, or during the period between the date of the application and the date citizenship would be granted or the oath of citizenship would be recited, the person has been convicted of an offence under s 29(2) or (3) or of an indictable offence under any Act of Parliament, other than an offence that is designated as a contravention under the ''Contraventions Act'', or
-The constitutionality of these requirements was challenged in the British Columbia Supreme Court and the BC Court of Appeal in ''[https://www.canlii.org/en/bc/bcca/doc/2014/2014bcca30/2014bcca30.html?autocompleteStr=Henry%20v%20Canada%20(Attorney%20General)%2C%202014%20BCCA%2030&autocompletePos=1 Henry v Canada (Attorney General)]'', 2014 BCCA 30. In that case, the court found that the legislation was inconsistent with the electoral rights guaranteed in section 3 of the ''Charter'', but constituted a reasonable limit prescribed by law and was demonstrably justifiable in a free and democratic society under section 1 of the ''Charter''. In Ontario, the Council of Canadians and the Canadian Federation of Students have challenged this legislation in the Ontario Superior Court on the grounds that it violates section 3 of the ''Charter''.
+h)	During the 10 years immediately preceding the citizenship application, ceased to be a citizen pursuant to s 10(1), where the Governor in Council was satisfied that the person has obtained, retained, renounced or resumed citizenship under the ''Citizenship Act'' by false representation or fraud or by knowingly concealing material circumstances. Time spent in prison, on parole or on probation does not count towards fulfilling the residency requirement.
-Many other provisions of the ''Canada Elections Act'', such as an employee being entitled to receive time off work to cast a ballot,  provisions for people with disabilities, and balloting procedures are very similar to BC provincial regulations and thus are not repeated here. Further inquiries and/or complaints can be sent to Stéphane Perrault, the current Chief Electoral Officer, at:
+Additionally, citizenship will not be granted where there are reasonable grounds to believe that an applicant will engage in activity that:
-'''Elections Canada'''
+a)	Constitutes a threat to the security of Canada, or
+b)	Is part of a pattern of criminal activity planned and organized by a number of persons acting in concert to commit any offence that is punishable by indictment under any Act of Parliament.
-{{ResourcesLSLAP
+Persons not approved for these reasons will have any applications or appeals rejected and this declaration will have effect for three years after the date on which it has been made.
-| address = 350 Victoria Street <br /> Gatineau, Quebec K1A OM6
-| phone = 1-800-463-6868
-| online = [http://www.elections.ca Website]
-}}
-Please see the following link for more information on making complaints about federal elections: [https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3 https://www.elections.ca/content.aspx?section=vot&dir=faq&document=faqgen&lang=e#gen3].
+== D. Minors ==
-'''Note:''' Major changes to the ''Canada Election Act'' in June 2014 included provisions intended to increase penalties for offences, reduce voter fraud, and empower political parties to drive voter turnout. Specific changes include removing vouching in favour of an oath system where a voter has identification but cannot prove current residence; moving investigations from Elections Canada to the Director of Public Prosecutions; limiting the powers of Elections Canada; increasing donation limits; adding constraints on robocalls; and some changes to third-party advertising.
+With the 2017 Bill C-6 having received royal assent, minors can now apply for citizenship without a Canadian parent, as the age requirement for citizenship has been removed under subsection 5(1). A person having custody of the minor or empowered to act on their behalf by court order, written agreement or operation of law (s, 5(1.04)), can now apply for citizenship on behalf of the minor, unless that requirement is waived by the Minister (ss. 5(1.05) & 5(3)(b)(v)).
-The  Supreme Court of Canada struck down previous prohibitions preventing inmates from voting in ''[https://www.canlii.org/en/ca/scc/doc/2002/2002scc68/2002scc68.html Sauvé v Canada (Chief Electoral Officer)]'', 2002 SCC 68.  A key consideration in this decision was that, by denying the vote to all prisoners, the Act failed to balance the right to vote against the seriousness of the conduct of prisoners.
+The four-year residency requirement does not apply to children under the age of 18. There is no residency requirement for children applying under [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont s 5(2)]. Parents who are citizens may apply for citizenship for their child as soon as the child becomes a permanent resident ([http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont s 5(2)]). Adoptive parents who are citizens may bypass the permanent residency requirement, and may make an application for citizenship on behalf of their child directly ([http://laws-lois.justice.gc.ca/eng/acts/C-29/page-3.html#docCont s 5.1(1)]). However, in order to do so the adoption must “create a genuine relationship of parent and child”. Additionally, this direct route to citizenship is not available beyond the first generation of Canadians born or adopted abroad (i.e. the parents must derive their own citizenship by being born in Canada or through naturalization).
-== D. Municipal Elections ==
+Children are not required to write the citizenship test, but children who are 14 and over are required to take the oath. If a child turns 18 before the end of the application process, he or she cannot be granted citizenship as a minor, even though they were under the age of 18 at the time of application. They must submit an adult application of citizenship. Stateless applicants under [http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont s 5(5)] have until age 23 to complete the application process.
-Municipal election procedures are outlined in the ''Local Government Act'', RSBC 1996, c 323, beginning at section 33. Please note, however, that elections in the City of Vancouver are governed by a separate provincial act, the ''Vancouver Charter'', SBC 1953, c 55.
+== E. Special cases ==
-To be eligible to vote, a person must normally be a Canadian citizen and 18 years of age or older on the day the election is held. A person thus qualified must be a Canadian citizen and a resident of BC for six months immediately before election day. Furthermore, to be qualified,  the person must have been a resident of the jurisdiction (as per s 64) for at least 30 days immediately before election day.
+In some cases, the Minister may, at his or her discretion, waive on compassionate grounds ([http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont s 5(3)]),<br>
-A person who qualifies as outlined above with the exception that they do not reside in the municipality may still vote in an election if they are the owner or tenant of property in that municipality (s 66). The general residency rules are similar to those outlined in the ''BC Election Act''.
+a) The requirements of language and knowledge of Canada or of the responsibilities and privileges of citizenship, and<br>
-Applications to register should be made to the clerk of the municipality.
+b) The requirement to take the oath, in the case of any person who is prevented from understanding the significance of taking the oath of citizenship by reason of mental disability.
-Voters who are not yet registered on election day may apply to have their name added to the list on election day in a manner similar to that used in provincial elections (see sections 72-73).
+Section 5(3.1) requires that for the purpose of section 5, if an applicant for citizenship is a disabled person, the Minister to take into consideration the measures that are reasonable to accommodate the needs of that person.
-A person who is unable to produce identification can be registered as a voter. In order to do so, the individual must complete an application for registration and be accompanied by someone who is a registered voter in the applicant’s electoral district, an adult family member, or someone who has the authority to make personal care decisions in respect of the applicant. The applicant and the voucher must both make a solemn declaration, in writing, as to the applicant's identity and place of residence. A person can only vouch for one person, and an individual who has been vouched for cannot vouch for another person.
+[http://laws-lois.justice.gc.ca/eng/acts/C-29/page-2.html#docCont Section 5(4)] allows the Governor in Council, in his or her discretion, to direct the Minister to grant citizenship to any person in order to alleviate cases of statelessness or of special and unusual hardship or to reward service of exceptional value to Canada, notwithstanding any other requirements under the Act. The relevant policy guideline of IRCC can be found at this website: [http://www.cic.gc.ca/english/resources/manuals/index.asp www.cic.gc.ca/english/resources/manuals/index.asp]. Exceptions are granted so it is always worth considering this. The policy guideline is vital in this consideration.
-'''NOTE:''' A literal interpretation of both the ''Canada Elections Act'' RSC 2000, c 9, and the ''BC Election Act'', RSBC 1996, c 106,  suggests that it is practically impossible for a homeless person to vote. However, the provincial electoral officer facilitates voting by homeless people through an administrative policy of allowing a flexible definition of “residence”.
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