Section 5 — Grant of citizenship — Citizenship Act — Canada — immi.wiki
Text of provision
5 (1) The Minister shall grant citizenship to any person who
(a) makes an application for citizenship;
(b) is eighteen years of age or over;
(c) is a permanent resident within the meaning of subsection 2(1) of the Immigration and Refugee Protection Act, and has, within the five years immediately preceding the date of his or her application, accumulated at least 1,095 days of physical presence in Canada calculated in the following manner, for every day during that period that the applicant was physically present in Canada before becoming a permanent resident, the applicant shall be deemed to have accumulated one-half of a day of physical presence;
(d) has met any applicable requirement under section 5.1 of the Income Tax Act to file a return of income in respect of each of the taxation years that are fully or partially within the five years immediately preceding the date of his or her application;
(e) unless the applicant has a disability that prevents them from meeting the requirement, demonstrates in one of the official languages of Canada that they have an adequate knowledge of Canada and of the responsibilities and privileges of citizenship; and
(f) unless the applicant has a disability that prevents them from meeting the requirement, demonstrates that he or she has an adequate knowledge of one of the official languages of Canada.
[Subsections (2)–(4) address minors, discretionary grants, and special provisions. The Minister may grant citizenship under s 5(4) on humanitarian and compassionate grounds, and under s 5(5) to stateless persons born to a Canadian parent.]
Plain English
Section 5 sets out the requirements for becoming a Canadian citizen through naturalisation — that is, by applying to be granted citizenship (as distinct from being a citizen by birth or descent under s 3).
Core requirements for adults (s 5(1)):
- Age: Must be 18 or over at the time of application (minors may be included in a parent's application under s 5(2))
- Permanent resident status: Must be a permanent resident within the meaning of IRPA
- Physical presence: Must have been physically present in Canada for at least 1,095 days in the 5 years before the application. Up to 365 days of physical presence before becoming a permanent resident (while on a temporary visa) can be counted as half-days, allowing up to 182.5 days of credit from pre-PR time
- Income tax filing: Must have filed Canadian income tax returns for each taxation year (fully or partially) within the 5 years before the application, where required under the Income Tax Act
- Language: Must demonstrate adequate knowledge of English or French (CLB/NCLC 4 or equivalent) — applies to applicants aged 18–54
- Knowledge of Canada: Must pass the citizenship knowledge test (about rights, responsibilities, history, and Canadian institutions) — applies to applicants aged 18–54
Discretionary grant (s 5(4)): The Minister may waive requirements and grant citizenship on humanitarian and compassionate (H&C) grounds, even where the applicant does not meet all the standard criteria.
Stateless persons (s 5(5)): The Minister may grant citizenship to a stateless person born to a Canadian parent who cannot satisfy the standard requirements.
Practical effect
Section 5 is the primary pathway to Canadian citizenship for permanent residents. The practical requirements are:
- 1,095 days of physical presence: This is 3 years out of the 5 years before the application. Time spent in Canada on a temporary status (student visa, work permit, visitor visa) before becoming a PR counts as half-time — so up to 2 years of pre-PR time can count as up to 1 year toward the 1,095-day requirement.
- Language: Applicants aged 18–54 must meet CLB/NCLC 4 or higher in either English or French. Evidence of language ability (language test results, past Canadian education, etc.) is required.
- Knowledge test: Applicants aged 18–54 must pass a written citizenship test based on Discover Canada: The Rights and Responsibilities of Citizenship (the study guide). The test covers Canadian history, values, institutions, and civic responsibilities.
- Oath: Citizenship is only conferred when the person takes the oath of citizenship at a citizenship ceremony. The oath reads: "I swear (or affirm) that I will be faithful and bear true allegiance to His Majesty King Charles the Third, King of Canada, His Heirs and Successors, and that I will faithfully observe the laws of Canada and fulfil my duties as a Canadian citizen."
Applications are submitted to IRCC online or on paper. For current application fees and processing times, refer to the IRCC eligibility page.