Chapter CP 6 - Prohibitions

Section 4 - Section 29 investigations

4.1 This section is about

• reasons to ask for a Section 29 investigation
• the procedure for Section 29 investigations.

4.2 Non-approve these cases

Cases where persons are prohibited from acquiring Canadian citizenship because of a conviction or disposition (i.e., short of residence due to a period of probation or a prison term) are to be non-approved in the usual manner in accordance with the applicable section(s) of the Citizenship Act.

Refer to previous sections 2.6 and 2.7 when counting probation or jail times.

4.3 Review cases immediately

An officer reviews the case immediately after the non-approval. Where the officer determines an investigation under Section 29 is not warranted, the file is held at the local office for the 180 day waiting period. See appeals

NOTE: Where officer determines the case does warrant referral to Case Management Branch for investigation, the file is forwarded immediately. The policy of holding a non-approved application for 180 days does not apply in these cases, given the three year limitation to lay charges under Section 29 of the Citizenship Act.

A file is not referred for Section 29 investigation if the applicant admitted to prohibitions on the application form.

4.4 Refer these cases for Section 29 investigation after non approving

Refer the following types of cases to Case Management Branch for review and possible referral to the RCMP for investigation under Section 29 of the Citizenship Act, if the applicant did not admit to prohibitions on the application form:

• within the three year period immediately preceding the date of the application, the person was convicted of at least one indictable offence which, according to the Criminal Code of Canada or other legislation (i.e., Narcotic Control Act), carries a maximum prison term of five years or more. (Please note that the person need not have actually been sentenced to a prison term of five years or more.)
• within the three year period immediately preceding the date of the application, the person was convicted of at least three indictable offences which, according to the Criminal Code of Canada or other legislation (i.e., Narcotic Control Act), do not carry a maximum prison term of five years or more (pattern of criminal activity.)
• the person has been convicted of at least three offences, indictable and/or summary, and the disposition (period of probation or prison term) for at least one of the convictions will affect residence (please note that the convictions need not fall within the relevant three year period immediately preceding the date of the application (pattern of criminal activity.)
• within the three year period immediately preceding the date of the application, the person has been convicted of an offence under Section 29 of the Citizenship Act.
• applicant declared little or no absences on the application and it is determined through the Quality Assurance Program or through random audits that the person was in fact, absent from Canada for more days than indicated on form. Note: do not refer files where even once unclaimed absences are accounted for, applicant in fact, has less than a total of 100 days outside of Canada.

4.5 Refer these cases to Case Management Branch before non-approving

Refer cases likely to result in convictions to Case Management Branch.

Refer cases to Case Management Branch before non-approving the application when:

• the applicant may have defrauded the fingerprint process
• the applicant may have used a fraudulent landing record or identity document
• the applicant's action or lack of action outside Canada may be a war crime or a crime against humanity
• the applicant may have been involved in criminal activity outside Canada.

4.6 If investigation a possibility

If CPC-Sydney or a Citizenship officer decides that a Section 29 investigation is needed, send the file to Case Management Branch for review.

4.7 How Case Management Branch handles file

The following table shows how Case Management Branch handles a file sent for a Section 29 investigation.

4.8 Notes

If the file is not referred to the RCMP within six months, there is no further action and the file is returned to CPC-Sydney to issue a refund and retire the file.

If Case Management Branch must keep a file for more than six months after the non approval letter is sent, the Case Officer is responsible for advising CPC-S that a refund is required.