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

Acquisition of Canadian Citizenship At Birth Birth Prior to January 1, 1947 in Canada or on a Canadian Ship
Birth Prior to January 1, 1947 outside of Canada elsewhere than on a Canadian Ship
Birth After December 31, 1946 in Canada or on a Canadian Ship
Birth After December 31, 1946 outside of Canada elsewhere than on a Canadian Ship

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Acquisition of Canadian Citizenship At Birth Prior to January 1, 1947 in Canada or on a Canadian Ship
Section of Law Section 4(1)(a) of Canadian Citizenship Act
Requirements to be met by Parents None
Miscellaneous Requirements to be met by children to retain Canadian citizenship

"Child" was not an alien on the first day of January, 1947. (A person under this Section is considered an alien only if he gained another citizenship by an act on his part, and does not include classes such as those who were born dual nationals).

NOTE: Section 7 C.C.A. provides that every foundling, who is or was first found as a deserted infant in Canada, shall, until the contrary is proved, be deemed to have been born in Canada.

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Acquisition of Canadian Citizenship At Birth Prior to January 1, 1947 outside of Canada elsewhere than on a Canadian Ship
Section of Law Section 4(1)(b) of Canadian Citizenship Act
Requirements to be met by Parents His father, or in the case of a person born out of wedlock, his mother
•(i) Was born in Canada or on a Canadian ship and was not an alien at the time of the child's birth.
• (ii) Was, at the time of the child's birth, a British subject who had a Canadian domicile (see appendix 2, Definitions)
• (iii) Was, at the time of the child's birth, a person who had been granted, or whose name was included in, a certificate of naturalization, or
• (iv) Was a British subject who had his place of domicile (See appendix 2, Definitions) in Canada for at least twenty years immediately before January 1, 1947 and was not, on that date, under an order of deportation.
Miscellaneous Requirements to be met by children to retain Canadian citizenship

"Child" was not an alien on January 1, 1947 (see discussion above) and either was a minor on January 1, 1947 or had before the first day of January, 1947 been lawfully admitted to Canada for permanent residence.

Section 4(2) C.C.A. provides that a person who became a citizen under these provisions and was a minor on January 1, 1947 ceases to be a Canadian citizen upon the date of the expiration of three years after his twenty-first birthday or on January 1, 1954, whichever is the later date, unless he:
(a) has his place of domicile in Canada on such date; or
(b) has, before such date and after attaining the age of twenty-one, filed, in accordance with regulations, a declaration of retention of Canadian citizenship.

NOTE: Section 6, C.C.A. provides that a person who has ceased t be a Canadian citizen under these provisions may resume Canadian citizenship upon the approval of a petition for resumption of Canadian citizenship filed with the Minister.

NOTE: Section 8, C.C.A. provides that where a child is born after the death of his father, the child shall for the purposes of this part, be deemed to have been born immediately before the death of the father.

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Acquisition of Canadian Citizenship At Birth After December 31, 1946 in Canada or on a Canadian Ship
Section of Law Section 5(1)(a) of Canadian Citizenship Act
Requirements to be met by Parents "Child" will not acquire Canadian citizenship if, as provided by Section 5(2) C.C.A. at the time of the child's birth, his responsible parent (See appendix 2, Definitions):
(a) is an alien who has not been lawfully admitted to Canada for permanent residence; and
(b) is
• (i) a foreign diplomatic or consular officer or a representative of a foreign government accredited to Her Majesty,
• (ii) an employee of a foreign government attached to or in the service of a foreign diplomatic mission or consulate in Canada, or
• (iii) an employee in the service of a person referred to in subparagraph (i).
Miscellaneous Requirements to be met by children to retain Canadian citizenship
NOTE: Section 7 C.C.A. provides that every foundling, who is or was first found as a deserted infant in Canada, shall, until the contrary is proved, be deemed to have been born in Canada.

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Acquisition of Canadian Citizenship At Birth After December 31, 1946 outside of Canada elsewhere than on a Canadian Ship
Section of Law Section 5(1)(b) of Canadian Citizenship Act
Requirements to be met by Parents His father, or in the case of a child born out of wedlock, his mother, at the time of the child's birth, is a Canadian citizen.
Miscellaneous Requirements to be met by children to retain Canadian citizenship

Section 5(1)(b)(ii) provides that the fact of the child's birth is registered in accordance with regulations, within two years after its occurrence or within such extended period as the Minister may authorize in special cases. (Extensions are generally granted in the cases of minor children).

Section 5(1)(a) C.C.A. provides that a person who is a Canadian citizen under these provisions ceases to be a Canadian citizen upon the date of the expiration of three years after his twenty first birthday, unless he:
(a) has his place of domicile (see appendix 2, Definitions) in Canada at such date; or
(b) has, before such date and after attaining the age of twenty-one, filed in accordance with regulations, a declaration of retention of Canadian citizenship.

NOTE: Section 8, C.C.A. provides that where a child is born after the death of his father, the child shall for the purposes of this part, be deemed to have been born immediately before the death of the father.

NOTE: Section 6, C.C.A. provides that a person who has ceased t be a Canadian citizen under these provisions may resume Canadian citizenship upon the approval of a petition for resumption of Canadian citizenship filed with the Minister.

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