Who is Eligible for Applying for Renunciation Under the Provisions Specified in Subsection 9 (1)?

Last Updated on August 29, 2016

Under the provisions specified in subsection 9 (1) of the Citizenship Act, Canadian citizens have the ability to renounce their citizenship if they:

• Are citizens of a country other than Canada, or, if the authorities accept their applications, will become citizens of a country other than Canada

• Are not the subject of declarations made by the Governor in Council based on the provisions specified in section 20 (refer to Notes)

• Are not minors

• Are not prevented from understanding the importance of renouncing their citizenship because they are suffering from mental disabilities and,

• Do not reside in Canada

It is worth highlighting that the existing provisions do not permit minors to renounce their citizenship.

Note:

• The declaration by the Governor in Council – Security

  • The authorities would not grant citizenship under the provisions specified in section 5 or subsection 11 (1) or administer the oath of citizenship or issue certificates of renunciation based on the provisions specified in section 9 if the Governor in Council declares that reasonable grounds exist for believing that the person has engaged, is engaging or might engage in activities described in paragraphs 19 (2) (a) or (b) of the Citizenship Act

  • This will usually take place after the authorities consider the report made under subsection 19 (6) by the Review Committee or the people appointed under the provisions specified in subsection 19.1 (1)

• The effect on applications and appeals

  • Situations could arise where a person is the subject of a declaration made under the provisions specified above

  • In this scenario, the authorities have the ability to refuse any applications submitted by that person under section 5, section 9 or subsection 11 (1)

  • In addition, the authorities can dismiss any related applications for judicial review or appeal

• The expiration of declaration

  • A declaration made by the Governor in Council will cease to have any effect 10 years after the day on which it comes into effect

• Further declaration

  • Situations can arise where the Governor in Council might, after considering any further applications made by an individual, make a further declaration with respect to that particular individual

  • This is regardless of the fact that the Governor in Council has previously made a declaration concerning the same individual

• Conclusive proof

  • It is worth highlighting that a declaration made by the Governor in Council remains conclusive of the matters specified here concerning applications for citizenship or the issue of certificates of renunciation

  • This is regardless of other provisions specified in the Citizenship Act or any other Act of Parliament

Which People Are Ineligible for Applying for Renunciation Under Subsection 9 (1)?

Individuals cannot make applications for renunciation if the Minister provides them with a notice of intent to revoke citizenship as specified in the provisions of subsection 10 (3). In addition, people cannot apply for renouncing their citizenship if the authorities commence an action in the Federal Court pursuant to subsection 10.1 (1) or (2) for declarations concerning the applicant, until:

• The Minister provides the applicants with the decision of the authorities under subsection 10 (5) or,

• The authorities render a final judgment in that action, as the case may be

This is in accordance with the provisions specified in subsection 9 (2.1)

The Suspension of the Processing of the Renunciation Application Made Under Subsection 9 (1) and End of the Suspension

Situations could arise where a person submits an application for renunciation and the Minister:

• Provides them with a notice of intent to revoke citizenship as specified in the provisions of subsection 10 (3) or,

• Commences an action in the Federal Court pursuant to subsection 10.1 (1) or (2) for declarations concerning the applicant

In this scenario, the officers would need to suspend the processing of the application until:

• The Minister provides the applicants with the decision of the authorities under subsection 10 (5) or,

• The authorities render a final judgment in that action, as the case may be

This is in accordance with the provisions specified in subsection 9 (2.2)

The Decision-Making Procedures

The authorities amended the Citizenship Act with the Strengthening Canadian Citizenship Act. This Act authorised the Minister to render decisions on renunciation applications based on the provisions specified in subsection 9 (1).

This Act permits the delegation of citizenship officers to act on behalf of the Minister for rendering decisions on applications for renouncing Canadian citizenship based on the provisions specified in subsection 9 (1).

The Minister’s Discretion to Waive Some of the Renunciation Requirements of Subsection 9 (1)

The Minister has the discretion to waive the requirements specified in paragraphs 9 (1) (d) and (e) on compassionate grounds, which specify that:

• Nothing prevents the applicant from understanding the significance of renouncing citizenship because the person does not have a mental disability i.e. A9 (1) (d) and,

• The applicant does not reside in Canada i.e. A9 (1) (e)

This is in accordance with the provisions specified in subsection 9 (2) of the Citizenship Act.

Typical situations where the Minister can provide waivers stem from:

• The provisions of subsection 5 (3) of the Citizenship Act that state that the Minister can waive some of the requirements on compassionate grounds for granting citizenship

• The provisions of subsection 7.1 (3) of the Citizenship Regulations that state that the Minister can waive one of the requirements on compassionate grounds for adults renouncing citizenship and,

• The provisions of subsection 9 (2) of the Act that state that the Minister can waive some of the requirements on compassionate grounds for adults renouncing citizenship