Difference between revisions of "Governing Legislation and Resources on Citizenship (17:II)"

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{{REVIEWED LSLAP | date= July 19, 2023}}
{{LSLAP Manual TOC|expanded = citizenship}}
{{LSLAP Manual TOC|expanded = citizenship}}


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. Clinicians assisting clients 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.   
On June 11th, 2015, changes to the [http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-29/latest/rsc-1985-c-c-29.html?resultIndex=1 ''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 ==
== A. Legislation ==


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.   
The governing legislation is the [http://www.canlii.org/en/ca/laws/stat/rsc-1985-c-c-29/latest/rsc-1985-c-c-29.html?resultIndex=1 ''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:
For the purposes of this Chapter, some words have specific definitions:
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{| class="wikitable"
{| class="wikitable"
| Citizen:
| Citizen:
| A Canadian citizen
| A Canadian citizen.
|-
|-
| Ceremony Room
| Ceremony Room:
| An office of the Department of Citizenship and Immigration or other place where a citizenship judge performs his or her duties under the Act.
| 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:
| Citizenship Judge:
Line 20: Line 21:
|-
|-
| Minister:
| Minister:
| The Minister of Citizenship and Immigration of Canada.
| The Minister of Immigration, Refugees and Citizenship of Canada.
|-
|-
| Permanent Resident:
| Permanent Resident:
| A person conferred with this status under the ''Immigration and Refugee Protection Act''.
| A person conferred with this status under the [http://www.canlii.org/en/ca/laws/stat/sc-2001-c-27/latest/sc-2001-c-27.html?autocompleteStr=immigration%20and%20refu&autocompletePos=1 ''Immigration and Refugee Protection Act''].
|-
|-
| Minor:
| Minor:
Line 29: Line 30:
|-
|-
| Parent:
| 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.).
| 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:
| Registrar:
Line 36: Line 41:


== B. Resources ==
== 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.
{{ResourcesLSLAP
| address = '''Vancouver Offices - Citizenship''' <br /> 200 - 877 Expo Boulevard <br /> Vancouver, B.C V6B 8P8 <br /> AND <br /> 1148 Hornby Street <br /> Vancouver, B.C. V6Z 2C3 <br /> '''Surrey Office - Citizenship''' <br /> #70 – 9900 King George Boulevard <br /> Surrey, B.C. V3T 0K9 <br /> '''Case Processing Centre - Citizenship''' <br /> P.O. Box 7000 <br /> Sydney, Nova Scotia B1P 6V6
| phone = Toll-free in Canada: 1-888-242-2100
| online = [http://www.cic.gc.ca Website] [http://www.cic.gc.ca/english/resources/manuals/index.asp Online Manuals]
}}
{{LSLAP Manual Navbox|type=chapters15-23}}

Latest revision as of 17:10, 5 September 2023

This information applies to British Columbia, Canada. Last reviewed for legal accuracy by the Law Students' Legal Advice Program on July 19, 2023.
LSLAP Manual
LSLAP Manual
This page is from the
Law Students' Legal
Advice Program Manual.
See the full contents.
LSLAP Manual
Introduction
Chapters
17. Citizenship
 · I. Introduction

 · II. Governing Legislation and Resources
 · III. Who is a Canadian Citizen?
 · IV. Advantages & Responsibilities
 · V. Citizenship Grants
 · VI. Applying for Citizenship Grant
 · VII. Loss and Renunciation
 · VIII. Proof
 · IX. Search of Citizenship Record

 · X. Referrals
v • d • e



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



v • d • e
 
Introduction
 
Chapters 1-7
Criminal Law  · Youth Justice  · Family Law  · Victims  · Public Complaints · Human Rights  · Workers Compensation
Chapter One:
Criminal Law
Chapter Two:
Youth Justice
Chapter Three:
Family Law
Chapter Four:
Victims
Chapter Five:
Public Complaints
Chapter Six:
Human Rights
Chapter Seven:
Workers' Compensation
I. Introduction · II. Governing Legislation, Policy & Guidelines · III. Introduction to Compensation Claims for Injured Workers · IV. LSLAP's Role at the Initial Decision Level · V. Limitation Periods and Timing of Decisions · VI. Making a Claim · VII. The Claim Acceptance Process · VIII. Worker Status · IX. Disability and Causation · X. Time Limits and Procedures · XI. Claim Benefits · XII. Appeals · XIII. Health and Safety Regulations in the Workplace · XIV. Assessments of Employers · XV. The WCB Fair Practices Officer · Appendix A: Abbreviations · Appendix B: List of Cases · Appendix C: Referrals · Appendix D: Resources · Appendix E: Claims Process · Appendix F: Checklist for Interviews · Appendix G: Checklist for Appeals · Appendix H: Sample Authorization Form
 
Chapters 8-14
Employment Insurance  · Employment Law  · Creditors and Debtors  · Consumer Protection  · Auto Insurance (ICBC)  · Motor Vehicle Law  · Mental Health Law
Chapter Eight:
Employment Insurance
Chapter Nine:
Employment Law
Chapter Ten:
Creditors' Remedies and Debtors' Assistance
Chapter Eleven:
Consumer Protection
Chapter Twelve:
Auto Insurance (ICBC)
Chapter Thirteen:
Motor Vehicle Law
Chapter Fourteen:
Mental Health Law
 
Chapters 15-23
Adult Guardianship and Substitute Decision-Making · Wills and Estates  · Citizenship  · Immigration  · Landlord and Tenant Rights  · Small Claims  · Welfare Law  · Strata Law  · Referrals
Chapter Fifteen:
Adult Guardianship and Substitute Decision-Making
Chapter Sixteen:
Wills and Estate Administration
Chapter Seventeen:
Citizenship
Chapter Eighteen:
Immigration Law
Chapter Nineteen:
Landlord and Tenant Law
Chapter Twenty:
Small Claims and the CRT
I. Introduction · II. Governing Legislation and Resources · III. Do You Have a Claim? · IV. Choosing the Proper Forum · V. Starting a Claim · VI. Responding to a Claim · VII. Default Order · VIII. How a Claim Proceeds · IX. Pre-Trial · X. Mediation · XI. Settlement Conferences · XII. Trial/Pre-Trial Conferences · XIII. Trial Preparation · XIV. Trials · XV. Costs and Penalties · XVI. Appeals · XVII. Enforcement of a Judgement · Appendix A: Registries · Appendix B: Demand Letter · Appendix C: Notice of Claim · Appendix D: Reply to Claim · Appendix E: Glossary · Appendix F: Limitation Periods · Appendix G: Causes of Action · Appendix H: Court Fees · Appendix I: Tribunal Fees · Appendix J: Settlement Conference · Appendix K: Payment Hearing · Appendix L: Appeal · Appendix M: LSLAP File Administration Policy
Chapter Twenty One:
Welfare Law
Chapter Twenty Two:
Strata Law
Chapter Twenty Three:
Referrals
© Copyright 2023, The Greater Vancouver Law Students' Legal Advice Society.


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