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Acquisition of Canadian Citizenship at Birth or by Derivation through
a Parent or Spouse
* * * * * * * * * *
| 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.
|
* * * * * * * * * *
| 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. |
* * * * * * * * * *
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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Last updated: January 21, 2005 and maintained by
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