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Acquisition of Canadian Citizenship at Birth or by Derivation through a Parent or Spouse

Appendix 1

Various Classes of Persons who Automatically Became Canadian Citizens on January 1, 1947
(Sections 9(1) and (4) of the Canadian Citizen Act)

Section 9(1). A person other than a natural-born Canadian citizen, is a Canadian citizen, if that person

(a) was granted, or the name of that person was included in, a certificate of naturalization and was not an alien on the first day of January 1947;
(b) was, immediately before the first day of January, 1947, a British subject who had Canadian domicile (see appendix 2, Definitions);
(c) was a British subject who had his place of domicile in Canada (see appendix 2, Definitions) for at least twenty years immediately before the first day of January, 1947, and was not, on that date, under an order of deportation, or;
(d) being a woman other than a women who comes within paragraph (a), (b), or (c),
• (i) before the first day of January, 1947, was married to a man who, if this act had come into force immediately before the marriage, would have been a natural-born Canadian citizen as provided in Section four or a Canadian citizen as provided in paragraph (a), (b), or (c) of this subsection, and
•(ii) on the first day of January, 1947, was a British subject and had been lawfully admitted to Canada for permanent residence.

Section 9(4). An Indian as defined in the Indian Act, or a person of the race of aborigines commonly referred to as Eskimos, other than a natural-born Canadian citizen, is a Canadian citizen if that person

(a) had a place of domicile in Canada on the first day of January, 1947, and
(b) on the first day of January, 1956, had resided in Canada for more than ten years, and such person is deemed, for the purposes of Section 9, to have become a Canadian citizen on the first day of January, 1947.

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Appendix 2

Definitions

Canadian Domicile is acquired by a person having his place of domicile for at least five years in Canada pursuant to an admission for permanent residence.

Place of Domicile means the place in which a person has his home or in which he resides or to which he returns as his place of permanent abode and does not mean a place in which he stays for a mere special or temporary purpose.

Responsible Parent means the father, but where the father is dead, or where the custody of a child has been awarded to his mother by order of a court of competent jurisdiction, or where a child was born out of wedlock and resided with the mother, "responsible parent" means the mother.

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