Canada Gazette

On June 22, 2007, Bill C-14, An Act to amend the Citizenship Act (adoption) [the "Act"], received Royal Assent to reduce the distinction in eligibility for citizenship that currently exists between foreign-born adopted children and children born abroad to Canadian parents in the Citizenship Regulations, 1993 (SOR/93-246). Accordingly, the proposed Regulations Amending the Citizenship Regulations, 1993 (the "Regulations") would allow for implementation of these new provisions.

In 1998, the Federal Court of Appeal determined, in Canada (Attorney General) v. McKenna, that the Citizenship Act contained a distinction between natural-born children and adopted children in regard to the acquisition of citizenship. The Court determined that the difference in treatment between natural-born children and children adopted by Canadians was not justifiable and was discriminatory. In response to this decision, the Government amended the provisions of the Citizenship Act by developing a provision which allowed citizenship to be granted to adopted children regardless of their place of residence. Bill C-14 amends the Citizenship Act to include a provision for the acquisition of citizenship of foreign-born adopted children by Canadians.

The Regulations are designed to reduce the difference in treatment in the acquisition of Canadian citizenship between children born to Canadians abroad and foreign-born children adopted by Canadians abroad. Under current legislation, a child born outside Canada to a Canadian citizen parent after February 14, 1977, is a Canadian citizen by descent. The amendment to the Act will now allow foreign-born children adopted by a Canadian citizen after February 14, 1977, to acquire Canadian citizenship upon application without first having to become permanent residents under the Immigration and Refugee Protection Act (S.C. 2001, c. 27). These changes also mean that foreign-born adopted children will no longer have to meet the admissibility requirement, including criminality, security or health, under the Immigration and Refugee Protection Act.

The Act eliminates the permanent residence requirement for foreign-born children adopted by a Canadian parent, unless the parent chooses to go through the immigration process or the adoption is to take place in Canada. As a result, foreign-born adopted children will no longer need to submit the permanent resident fee of $150 (sponsorship fee of $75 and permanent resident fee of $75).

Similar to the sponsorship provisions on adopted children in the Immigration and Refugee Protection Act, factors to be considered to assess the "best interests of the child," "genuine parent-child relationships" and "adoptions of convenience" have also been built into the Regulations.

The Regulations are designed to take into consideration the following situations: children adopted and applying for citizenship as minors; persons adopted as minors and applying for citizenship as adults; persons adopted and applying for citizenship as adults; and Quebec adoptions (minor and adult adoptions).

The Regulations are also designed to provide the applicant with the necessary information on how to complete an application for citizenship. The Regulations will provide clarification regarding the documents, fees and materials that need to be submitted with the application. Specifically, the Regulations require that documents be submitted establishing evidence of requirements, including the date and place of birth of the adopted person, the citizenship of the adoptive parent, and evidence of the completion of the adoption. The Regulations provide for the factors that need to be considered in the assessment of the statutory requirements. These factors include a statement in writing from the competent authority (province or territory for a person destined to Canada) that there is no objection to the adoption; that the pre-existing legal parent-child relationship has been permanently severed; and, in cases where the Hague Convention on Adoption is applicable, that the adoption complies with the Convention. The Regulations also describe who can apply on behalf of the adopted person, the fees for the grant of citizenship ($100 for minor applicants and $200 for adult applicants), and the need to include photographs for the issuance of the certificate.

Adopted persons granted citizenship as minors will still have to pay a citizenship processing fee of $100. Given that the adoption provision of the Citizenship Act is retrospective to February 15, 1977, a number of persons adopted as minors have now reached adulthood. The fees for the grant to adults, therefore, are similar to other adult grants of citizenship, namely $100 for the application processing fee and an additional $100 fee for the right to be a citizen (for a total of $200). This is similarly the case in respect to persons adopted as adults by a Canadian parent who stood as the person's real parent prior to that person attaining the age of 18.

There is no alternative to regulating in the area concerned. The Regulations are necessary to provide for the implementation of Bill C-14.

The proposed Regulations are required to support the amendment to the Citizenship Act regarding foreign-born children adopted by Canadian citizens.

The legislative amendment and supporting regulations bring social benefits by reducing the distinction in treatment between persons born to and adopted by Canadian citizens for the acquisition of citizenship and will facilitate the process in respect to citizenship acquisition. There is no anticipated impact to groups other than Canadian adoptive families.

Citizenship officers will verify that the adoption meets all of the criteria before granting Canadian citizenship to an adopted child. Visa officers, who currently make decisions on permanent residence applications, will be delegated to grant citizenship under C-14. The delegation instrument will be amended to include the amendment to the Citizenship Act regarding adoptions and will include these delegations. The assessment process for the granting of citizenship will replace the current assessment for a permanent resident visa; therefore, resources for the new service line of citizenship will be offset by the savings associated with the elimination of the sponsorship processing requirement.

This new service line of citizenship will result in fewer individuals paying the applicable immigration processing fees for permanent residence if they choose to apply directly for citizenship, i.e. sponsorship application fee ($75) and processing fee for immigration ($75). It is estimated that up to three quarters of the average number of children obtaining permanent residence under the current immigration process will be able to apply directly for citizenship and will no longer be required to pay the immigration processing fees, i.e. 1 500 adopted children of an average 2 000 persons per year will now be able to apply directly for a grant of citizenship. It is further anticipated that up to 500 adopted persons per year will be sponsored under the immigration process because the adoptive parents are permanent residents; the adoption will only be completed in Canada; or the Canadian citizen adoptive parents chose to sponsor the child instead of applying directly for citizenship on behalf of the adopted child.

In addition to the approximately 1 500 adopted persons who will be able to apply directly for citizenship, up to 500 adopted persons who continue to reside abroad, including persons adopted as minors or adults, will apply for citizenship. In total, it is anticipated that approximately 2 000 persons will apply for citizenship annually under the new process.

Citizenship fees payable for a grant of citizenship will remain the same. Currently, all persons applying for a grant of citizenship pay a $100 citizenship processing fee. Applicants 18 years of age and older also pay a $100 for the right to be a citizen. With the elimination of the permanent resident requirement, applicants will no longer pay any fees associated with the permanent resident processing requirement.

It is anticipated that the applications for citizenship will be completed in a similar time frame as the immigration permanent resident applications.

As Bill C-14 is only meant to reduce the difference in treatment in the acquisition of Canadian citizenship between children born to Canadians abroad and foreign-born children adopted by Canadians abroad by granting citizenship to adopted children without them first having to become permanent residents, no impacts on businesses are expected.

As this is a new service line for citizenship, service standards are currently under development. Once developed, the service standards will be published on our Web site as it is for our other lines of business.

The conditions for the granting of citizenship to foreign-born adopted children are clearly articulated in the Regulations. The Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption (the Hague Convention on Adoption), the UN Convention on the Rights of the Child and the Canadian Charter of Rights and Freedoms were all used to inform the application of the principle of the best interests of the child in the Regulations. Ongoing monitoring of the application of this principle will be required in consultation with provinces and territories, as adoption falls under their jurisdiction, to ensure their adherence.

The Department conducted consultations over many years on the issue of Canadian citizenship for adopted children. Consultations for Bill C-14 had been ongoing since the summer of 2006. CIC consulted with other government departments such as Human Resources and Social Development, Foreign Affairs and International Trade, Public Safety, and all provinces and territories. CIC also consulted on the proposed changes with the following stakeholders: the Canadian Bar Association, the Adoption Council of Canada, the Adoption Council of Ontario, the Adoptive Families Association of BC, and International Social Service Canada.

For Bill C-14, several teleconferences were held with provincial and territorial authorities responsible for adoption, immigration and multicultural issues, and with key stakeholders. Information and feedback were received in email format and/or letter format. All parties agreed that Bill C-14 was a necessary step.

The regulatory proposals and policy on this issue are based on many years of examination and consultation on the issue. They are welcomed by the provinces and territories, Members of Parliament and stakeholders alike. Witnesses, such as the Canadian Bar Association, the Adoption Council of Canada, before Standing Committees of the House and the Senate have expressed support for this change and it was one of the recommendations made in the October 2005 report of the House of Commons Standing Committee on Citizenship and Immigration. On June 1, 2007, at report stage, Bill C-14 also received all party support.

When Bill C-14 received Royal Assent, the provincial and territorial authorities responsible for adoption, immigration and multicultural issues, as well as key stakeholders were informed by email. The proposed regulations and the coming into force of the Act will be communicated to the public via Internet, on the CIC Web site, via missions and consulates abroad.

A National Quality Assurance Program (NQAP) is in place to ensure the reliability of the information provided by applicants and the quality of citizenship decision making by officials. Under the program, a number of applicants randomly selected are asked by citizenship officers to attend an interview to clarify any information respecting their application and to produce original documents. In addition, to maintain a high standard of decision making, a significant sample of processed applications are regularly reviewed.

Karen Mosher
Director General, Citizenship Branch
Citizenship and Immigration Canada
300 Slater Street
Ottawa, Ontario
K1A 1L1
Telephone: 613-948-8600
Fax: 613-954-9144
Email: karen.mosher@cic.gc.ca

Notice is hereby given that the Governor in Council, pursuant to section 27 (see footnote a) of the Citizenship Act, proposes to make the annexed Regulations Amending the Citizenship Regulations, 1993.

Interested persons may make representations concerning the proposed Regulations within 15 days after the date of publication of this notice. All such representations must cite the Canada Gazette, Part I, and the date of publication of this notice, and be addressed to Mark Davidson, Director, Legislation and Program Policy, Citizenship Branch, Department of Citizenship and Immigration, Jean Edmonds Tower North, 5th Floor, 300 Slater Street, Ottawa, Ontario K1A 1L1 (tel.: 613-952-7273; fax: 613-954-9144; e-mail: Mark.Davidson@cic.gc.ca).

1. Section 2 of the Citizenship Regulations, 1993 (see footnote 1) is amended by adding the following in alphabetical order:

"Hague Convention on Adoption" means the Convention on the Protection of Children and Co-operation in respect of Inter-Country Adoption that was concluded on May 29, 1993 and came into force on May 1, 1995; (Convention sur l'adoption)

5.1 (1) An application made under subsection 5.1(1) of the Act in respect of a person who is a minor on the date of the application shall be

(i) a citizen who is a parent of the person, or

(ii) a non-citizen parent, or a legal guardian, of the person;

(b) countersigned by the person if he or she has attained the age of 14 years on or before the date of the application and is not prevented from understanding the significance of the application because of a mental disability; and

(2) For the purposes of paragraph (1)(c), the materials required by this section are

(a) a birth certificate or, if unobtainable, other evidence that establishes the person's date and place of birth;

(b) evidence that establishes that a parent of the person was a citizen at the time of the adoption;

(c) in the case of an application made by a non-citizen parent or a legal guardian, a certified copy of an order of a court of competent jurisdiction, or other evidence, that establishes that the applicant is a parent or legal guardian of the person;

(d) in the case of a person who has attained the age of 14 years on or before the date of the application but has not countersigned the application, evidence that establishes that the person is prevented from understanding the significance of the application because of a mental disability;

(e) evidence that establishes that the adoption took place after February 14, 1977 and while the person was a minor; and

(f) two photographs of the person of the size and type shown on a form prescribed under section 28 of the Act and signed by the person if he or she has attained the age of 14 years on or before the date of the application.

(3) The following factors are to be considered in determining whether the requirements of subsection 5.1(1) of the Act have been met in respect of the adoption of a person referred to in subsection (1):

(a) whether, in the case of a person who has been adopted by a citizen who resided in Canada at the time of the adoption,

(i) a competent authority of the province in which the citizen resides has stated in writing that it does not object to the adoption,

(ii) the parent or parents, as the case may be, were fully and reliably informed about all aspects of the person's medical condition, and

(iii) the pre-existing legal parent-child relationship was permanently severed by the adoption;

(b) whether, in the case of a person who has been adopted outside Canada in a country that is a party to the Hague Convention and whose intended destination at the time of the adoption is a province,

(i) the competent authority of the country and of the province of the person's intended destination have stated in writing that they approve the adoption as conforming to that Convention,

(ii) a competent authority of the province — in which the citizen who is a parent of the person resided at the time of the adoption — has stated in writing that it does not object to the adoption,

(iii) the parent or parents, as the case may be, were fully and reliably informed about all aspects of the person's medical condition, and

(iv) the pre-existing legal parent-child relationship was permanently severed by the adoption; and

(i) a competent authority has conducted or approved a home study of the parent or parents, as the case may be,

(ii) before the adoption, the person's parent or parents, as the case may be, gave their free and informed consent to the adoption,

(iii) the parent or parents, as the case may be, were fully and reliably informed about all aspects of the person's medical condition,

(iv) the pre-existing legal parent-child relationship was permanently severed by the adoption, and

(v) there is no evidence that the adoption was for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption.

5.2 (1) An application made under subsection 5.1(1) of the Act in respect of a person who is 18 years of age or more on the date of the application shall be

(b) filed, together with the materials described in subsection (2), with the Registrar.

(2) For the purposes of paragraph (1)(b), the materials required by this section are

(a) a birth certificate or, if unobtainable, other evidence that establishes the person's date and place of birth;

(b) evidence that establishes that a parent of the person was a citizen at the time of the adoption;

(d) two photographs of the person of the size and type shown on a form prescribed under section 28 of the Act and signed by the person.

(a) whether, in the case of a person who has been adopted by a citizen who resided in Canada at the time of the adoption,

(i) a competent authority of the province in which the citizen resides has stated in writing that it does not object to the adoption, and

(ii) the pre-existing legal parent-child relationship was permanently severed by the adoption;

(b) whether, in the case of a person who has been adopted outside Canada in a country that is a party to the Hague Convention on Adoption and whose intended destination at the time of the adoption is a province,

(i) the competent authority of the country and of the province of the person's intended destination have stated in writing that they approve the adoption as conforming to that Convention,

(iii) the pre-existing legal parent-child relationship was permanently severed by the adoption; and

(i) a competent authority has conducted or approved a home study of the parent or parents, as the case may be,

(ii) before the adoption, the person's parent or parents, as the case may be, gave their free and informed consent to the adoption,

(iii) the pre-existing legal parent-child relationship was permanently severed by the adoption, and

(iv) there is no evidence that the adoption was for the purpose of child trafficking or undue gain within the meaning of the Hague Convention on Adoption.

5.3 (1) An application made under subsection 5.1(2) of the Act in respect of a person who was adopted while he or she was at least 18 years of age shall be

(b) filed, together with the materials described in subsection (2), with the Registrar.

(2) For the purposes of paragraph (1)(b), the materials required by this section are

(a) a birth certificate or, if unobtainable, other evidence that establishes the person's date and place of birth;

(b) evidence that establishes that a parent of the person was a citizen at the time of the adoption;

(c) evidence that establishes that the adoption took place after February 14, 1977 and while the person was 18 years of age or older; and

(d) two photographs of the person of the size and type shown on a form prescribed under section 28 of the Act and signed by the person.

(3) The following factors are to be considered in determining whether the requirements of subsection 5.1(2) of the Act have been met in respect of the adoption of a person referred to in subsection (1):

(a) whether, in the case a person who has been adopted by a citizen who resided in Canada at the time of the adoption,

(i) a competent authority of the province in which the citizen resides has stated in writing that it does not object to the adoption, and

(ii) the pre-existing legal parent-child relationship was permanently severed by the adoption; and

(b) whether, in all other cases, the pre-existing legal parent-child relationship was permanently severed by the adoption.

5.4 (1) An application made under subsection 5.1(3) of the Act in respect of a person who is a minor on the date of the application shall be

(2) For the purposes of paragraph(1)(c), the materials required by this section are

(a) a birth certificate or, if unobtainable, other evidence that establishes the person's date and place of birth;

(b) evidence that establishes that a parent of the person was a citizen at the time of the adoption;

(e) evidence that establishes that the adoption took place after February 14, 1977; and

5.5 (1) An application made under subsection 5.1(3) of the Act in respect of a person who is 18 years of age or more on the date of the application shall be

(b) filed, together with the materials described in subsection (2), with the Registrar.

(2) For the purposes of paragraph (1)(b), the materials required by this section are

(a) a birth certificate or, if unobtainable, other evidence that establishes the person's date and place of birth;

(i) the adoption took place after February 14, 1977, and

(ii) a parent of the person was a citizen at the time of the adoption; and

(c) two photographs of the person of the size and type shown on a form prescribed under section 28 of the Act and signed by the person.

3. Item 1 of the schedule to the Regulations in column I is amended by adding the following after paragraph (c):

4. These Regulations come into force on the day on which section 3 of An Act to amend the Citizenship Act (adoption), chapter 24 of the Statutes of Canada, 2007, comes into force, but if they are registered after that day, they come into force on the day on which they are registered.