Changes to Canadian Citizenship Act: before and after

Recent changes to the Canadian Citizenship Act will have significant impact on the current and future permanent residents of Canada and their ability to apply for Canadian Citizenship.

The comparative table below provides a brief summary of the most important changes to the Canadian citizenship requirements.

Before	After
You must reside for three out of four years (1,095 days); No requirement that resident be physically present; Time you spent in Canada as a non-permanent resident may be counted toward residence for citizenship; No intent to reside provision	Requires physical presence for 4 years (1,460 days) out of the 6 years; 183 days minimum of physical presence per year in 4 out of 6 years; Time spent in Canada as a non-permanent resident can no longer be used; Introduces “intent to reside” provision
If you are 18–54 years of age, you must meet language requirements and pass knowledge test; upper age limit of 54 currently established by policy, not in legislation; Applicants can meet knowledge requirement with assistance of an interpreter	Requires applicants aged 14–64 to meet language requirements and pass knowledge test; Applicants must meet knowledge requirement in English or French
Most “Lost Canadians” had their citizenship restored in 2009, but some were not covered by that change and are not eligible for citizenship	Extends citizenship to “Lost Canadians” born before 1947 as well as their 1st generation children born abroad
Bars getting citizenship from people with domestic criminal charges and convictions	Expands bar on getting citizenship to people with foreign criminal charges and convictions
Consultants not required to be registered or regulated in order to represent individuals in citizenship manner; Few tools to deter fraud and ensure program integrity; Fines and penalties for fraud are a maximum of $1,000 and/or one year in prison	Defines who is an authorized representative and provides authority to develop regulations to designate a regulatory body whose members would be authorized to act as consultants in citizenship matters; Authority to refuse applicant for fraud; fines and penalties for fraud are a maximum $100,000 and/or five years in prison
Governor in Council is the final decision maker for citizenship revocation	The law gives Citizenship and Immigration Canada (CIC) Minister authority to decide on routine revocation cases Complex revocation cases such as war crimes, crimes against humanity, security, other human or international rights violations, and organized criminality decided by the Federal Court
Governor in Council is the final decision maker on discretionary grants of citizenship	The law gives CIC Minister the authority to decide on discretionary grants of citizenship
Limited authority to define what constitutes a complete application	Establishes authority to define what constitutes a complete application and what evidence applicants must provide
Citizenship grant is a three-step decision-making process	Changes citizenship grant to a single-step process that reduces duplication and improves processing times.
No requirement to file Canadian income taxes to be eligible for a grant of citizenship	Requires adult applicants to file Canadian income taxes, as required under the Income Tax Act, to be eligible for citizenship
No authority to revoke citizenship for acts against Canada’s national interest	Establishes the authority to revoke Canadian citizenship from dual citizens and deny it to PRs who were members of an armed force or an organized armed group engaged in armed conflict with Canada Authority to revoke Canadian citizenship and deny it to PRs who are convicted of terrorism, high treason, treason, or spying offences, depending on the sentence received
No fast-track mechanism for citizenship for members of the military to honour their service to the Canadian Armed Forces and address deployment challenges	Creates a fast-track mechanism for citizenship for PRs serving with—and individuals on exchange with— the Canadian Armed Forces to honour their service to Canada

Last updated: 06.07.2014

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Changes to Canadian Citizenship Act: before and after

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