Section 10 — Revocation of citizenship — Citizenship Act — Canada — immi.wiki
Text of provision
10 (1) Subject to section 18 but despite any other section of this Act, the Minister may by order revoke a person's citizenship or renunciation of citizenship if the Minister is satisfied on a balance of probabilities that the person has obtained, retained, renounced or resumed citizenship by false representation or fraud or by knowingly concealing material circumstances.
(2) A person whose citizenship is revoked under subsection (1) is deemed never to have been a citizen for the purposes of any other Act, unless the Governor in Council otherwise provides.
(3) [Deeming provision — effect of revocation on the person's citizenship history]
Revocation — security and related grounds
10.1 (1) Despite any other provision of this Act, the Governor in Council may by order, on the recommendation of the Minister, revoke a person's citizenship if the person, after becoming a citizen, is convicted of
(a) [terrorism, high treason or related offences carrying certain sentences]
[Note: s 10.1 was substantially repealed by amendments in 2017. The current revocation regime centres on s 10 (misrepresentation/fraud) as the primary ground.]
Plain English
Section 10 empowers the Minister of Immigration, Refugees and Citizenship Canada (IRCC) to revoke a person's Canadian citizenship where it was obtained, retained, or resumed through false representation, fraud, or knowing concealment of material circumstances.
Standard of proof: The Minister must be satisfied on the balance of probabilities — more likely than not — that the fraud or misrepresentation occurred. This is the civil standard of proof, not the criminal standard of beyond reasonable doubt.
Scope of the power: The revocation power applies to citizenship obtained, retained, or resumed by fraud — not just to the initial grant. If a person fraudulently renounced their citizenship (e.g., to evade obligations) or resumed citizenship on a false basis, that too can be revoked.
Procedure: The Minister must comply with s 18 of the Citizenship Act (notice and hearing requirements) before revoking citizenship. The person is entitled to notice and an opportunity to respond before the revocation order is made. The Federal Court may be asked to conduct a reference (s 18 reference) on the factual question of whether fraud or misrepresentation occurred.
Consequence: A person whose citizenship is revoked is deemed never to have been a citizen, unless the Governor in Council provides otherwise. This can have significant downstream effects on family members and on permanent residence status.
Section 10.1 (repealed revocation for serious crimes): A 2014 amendment introduced s 10.1, which allowed revocation for persons convicted of terrorism, high treason, and related offences. This provision was widely criticised as creating two classes of citizenship and was largely repealed by Bill C-6 (2017), which restored the principle that Canadian citizenship — however acquired — is equal and cannot be stripped for criminal conduct (other than the fraud-based revocation under s 10).
Practical effect
Section 10 revocation proceedings are brought by the Minister. The typical pathway is:
- IRCC investigators identify evidence of misrepresentation or fraud in the citizenship application
- The Minister notifies the person of the intention to revoke under s 18 and gives an opportunity to respond in writing
- If the person requests a hearing, a citizenship judge may conduct a hearing; alternatively, the Minister may refer the matter to the Federal Court for a determination on whether fraud or misrepresentation is established
- If the revocation is made, the person loses their citizenship retroactively (they are deemed never to have been a citizen)
Common fraud scenarios leading to revocation include: misrepresenting physical presence (submitting false records of time in Canada), misrepresenting criminal history, and identity fraud.
Persons subject to revocation proceedings should seek legal counsel immediately. The consequences of revocation are severe — not only loss of citizenship but potentially reversion to a non-citizen status that may expose the person to removal from Canada.
For current revocation process information, refer to the IRCC revocation page.