Section 28 — Regulation-making authority — Citizenship Act — Canada — immi.wiki
Text of provision
28 The Governor in Council may make regulations
(a) prescribing the procedure to be followed in making, hearing and determining any application under this Act;
(b) prescribing the physical presence requirements for the purposes of subsection 5(1);
(c) prescribing the circumstances where the Minister may exercise his discretion under this Act;
(d) prescribing the fees to be paid for the filing and processing of applications;
(e) prescribing forms;
(f) defining the meaning of any word or expression used in this Act that is not otherwise defined;
(g) [additional regulation-making powers relating to the administration of the Act]
[Note: Section 28 is the primary regulation-making authority under the Citizenship Act. Regulations made under s 28 are found in the Citizenship Regulations (SOR/93-246).]
Plain English
Section 28 grants the Governor in Council (effectively the Cabinet) broad regulation-making authority to fill in the operational details of the Citizenship Act. The section is the primary enabling provision for the Citizenship Regulations (SOR/93-246), which govern the procedural and administrative aspects of citizenship applications.
Key things regulated under the authority of s 28 include:
- The forms and procedures for making citizenship applications
- The fees for citizenship applications
- The calculation of physical presence and physical presence credits
- The circumstances in which the Minister may exercise discretionary powers
- Evidence requirements and processing procedures
Section 28 is a standard regulation-making provision. The Act sets the framework; the Regulations implement it. Applicants dealing with the procedural details of citizenship applications (forms, fees, timelines) are working within the regulatory scheme made under s 28.
Practical effect
Section 28 is primarily of interest to practitioners and those researching the source of authority for specific regulatory requirements. For applicants, the practical significance is:
- Fees are set by regulation, not by the Act itself — they can be changed by Governor in Council order without amending the Act. The current citizenship application fees are set out in the Citizenship Regulations.
- Physical presence calculation rules are in the Regulations — including how half-day credits for pre-PR time are calculated, and what documents are required to establish presence.
- Forms are prescribed by regulation — the current Application for Canadian Citizenship form (CIT 0002) and related forms are prescribed under this authority.
For current citizenship application fees and forms, refer to the IRCC citizenship application page. For the Citizenship Regulations themselves, refer to the Citizenship Regulations (SOR/93-246) on the Justice Laws website.