Section 15 — Presumption of citizenship — Citizenship Act — Canada — immi.wiki
Text of provision
15 (1) Where a citizenship judge or the Minister is unable to decide whether a person is a citizen or is entitled to be a citizen, the citizenship judge or the Minister shall make a provisional determination that the person is a citizen.
(2) A provisional determination under subsection (1) shall remain in force unless, within two years from the day on which the provisional determination is made, the citizenship judge or the Minister decides that the person is not a citizen or is not entitled to be a citizen.
(3) Where a provisional determination is made under subsection (1) and the person is determined within the period referred to in subsection (2) not to be a citizen or entitled to be a citizen, the person ceases to be a citizen on the day that determination is made.
Plain English
Section 15 establishes the presumption of citizenship — sometimes called the "provisional citizen" provision. Where a citizenship judge or the Minister cannot determine whether a person is a citizen, the section requires them to make a provisional determination that the person is a citizen, which takes effect immediately.
The provisional citizenship lasts for up to 2 years. During this period, the citizenship judge or Minister investigates the question. If they determine within 2 years that the person is not a citizen, the provisional determination is revoked. If no such determination is made within 2 years, the provisional citizenship effectively becomes permanent.
Purpose: Section 15 prevents persons from falling into a legal limbo — if the evidence is genuinely inconclusive, the person gets the benefit of the doubt (citizenship) rather than being treated as a non-citizen while the matter is resolved.
This provision is rarely invoked in practice. Most citizenship status determinations can be resolved by examining the facts. Section 15 applies to genuinely uncertain cases — for example, where the circumstances of a person's birth or parentage are not clearly established.
Practical effect
The practical scenarios in which s 15 arises include:
- Persons of uncertain birth — where records about a person's place of birth or the citizenship of their parents are incomplete or contradictory
- Historical cases where a person claims citizenship through complex chains of prior Acts and grandfathering provisions, and the evidence does not clearly resolve the question
A person who has received a provisional determination of citizenship should:
- Understand that the status is provisional and subject to being revoked within 2 years
- Cooperate with IRCC's investigation by providing all available evidence of their citizenship claim
- Seek legal advice if they are notified that IRCC is considering a negative final determination
The Federal Court has jurisdiction to review both provisional determinations and final determinations under s 15 through the appeal/judicial review mechanisms of the Act.