Section 22 — Prohibitions — Citizenship Act — Canada — immi.wiki
Text of provision
22 (1) Despite anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship
(a) if, in the period beginning on the day on which the application for citizenship is made and ending on the day on which the person would otherwise be granted citizenship or take the oath of citizenship, the person is charged with, on trial for or subject to or a party to an appeal relating to an offence under subsection 29(2) or (3) of this Act or an indictable offence under any Act of Parliament, other than an offence designated as a contravention under the Contraventions Act;
(b) while the person is serving a term of imprisonment, on parole or on probation;
(c) if, at any time, there is in force against the person a removal order made under the Immigration and Refugee Protection Act.
(2) Despite anything in this Act, a person shall not be granted citizenship under section 5 or subsection 11(1) or take the oath of citizenship during any period in which he is under a declaration made pursuant to section 20.
Plain English
Section 22 sets out the circumstances in which a person cannot be granted citizenship or take the oath of citizenship, even if they otherwise meet the s 5 requirements. These are the prohibitions on citizenship.
Three automatic bars (s 22(1)):
- (a) Criminal charge or appeal: A person who is charged with, on trial for, or in the midst of an appeal relating to an indictable offence under any Act of Parliament (other than a Contraventions Act offence) cannot be granted citizenship or take the oath during that period. The prohibition applies from the date the citizenship application was made until the criminal matter is resolved. This includes appeals — if the person is appealing an acquittal (the Crown is appealing) or a conviction, the prohibition applies.
- (b) Serving a sentence: A person who is currently serving a term of imprisonment, on parole, or on probation cannot be granted citizenship or take the oath. The prohibition lasts for the duration of the sentence (including parole and probation periods).
- (c) Removal order: A person against whom a removal order is in force under IRPA cannot be granted citizenship or take the oath. This applies while the removal order is in force — including where the order has been stayed (e.g., by an IAD appeal or a judicial review stay).
These are mandatory bars — the Minister has no discretion to grant citizenship while any of these conditions apply, unlike the discretionary grant under s 5(4).
Section 22(2) — Security bars: A person under a declaration made under s 20 (Minister's declaration that person is inadmissible on security, human rights, or serious criminality grounds) cannot be granted citizenship.
Practical effect
Section 22 operates as an automatic pause on citizenship applications. The IRCC will not process a citizenship application to the oath stage while any s 22 prohibition applies. Practical consequences:
- A citizenship applicant who is charged with an indictable offence after lodging their application will have their file put on hold until the criminal matter is resolved. If convicted, the sentence must be fully served (including parole and probation) before citizenship can be granted.
- A person subject to a removal order — even where the order is stayed — cannot be granted citizenship. The removal order must be quashed (e.g., by an IAD appeal allowing the appeal) before citizenship processing can resume.
- Applicants should disclose any criminal charges, convictions, or removal orders on their application. Failure to disclose is itself a misrepresentation ground for revocation under s 10.
- Where a s 22 prohibition lifts (e.g., after completing a sentence), the citizenship application can resume processing — the applicant does not need to re-apply, but may need to update their application and attend a new test or interview if their application has been dormant for a long time.
The prohibition in s 22(1)(a) for charges applies even for offences that would not, if convicted, prevent citizenship eligibility on merit — the bar is the pendency of the charge, not the ultimate outcome. Acquittal lifts the bar; a stay of proceedings lifts the bar.