Chapter CP 7 - Waivers

Section 1 - Waivers

1.1 This section is about

when certain requirements for a grant or renunciation of citizenship can be waived and special grants of citizenship.

1.2 Authorities

1.3 Context

Section 5(3) says the Minister can waive some of the requirements on compassionate grounds for granting citizenship.

Section 9(2) says the Minister can waive some of the requirements on compassionate grounds for an adult renouncing citizenship.

Section 5(4) says the Governor-in-Council has the discretion to direct the Minister to grant citizenship to anyone in unusual cases. See section on Grant of citizenship.

Compassionate grounds—grant—Section 5(3) of the Citizenship Act

1.4 Requirements that can be waived

The following requirements can be waived on compassionate grounds:

1.5 Waiver of language and knowledge requirements at local office for those over 60

All field officers are delegated to waive the language and knowledge requirements for any person sixty years of age and over.

1.6 All other waivers

The authority to exercise discretion under section 5(3) for all other cases has been delegated by the Minister to the Citizenship Registrar of Integration Branch and to the Director General of Case Management Branch. In most cases, the applicant is required to submit a medical opinion provided by his or her physician attesting to the fact that one or more requirements cannot be met.

1.7 Recommendation to Case Management Branch (BCM)

All recommendations to waive the language, knowledge, age, residence or oath requirements under section 5(3) are to be sent to Case Management Branch (BCM). [Note: waiver of age or residence applies to minors only]. Waivers are only to be recommended in cases of genuine need. Do not abuse recommendations. For any case referred to BCM, include all required documents, such as completed medical form, judge’s decision and legal guardianship document if applicable. If the documentation provided is not sufficient for BCM to make an informed decision, the request for waiver will be returned to the local office for additional clarification.

1.8 Cases warranting waivers of language and \ or knowledge

Case management Branch may waive the requirements of language and or knowledge for any applicant. This discretionary authority is to be granted only in exceptional cases of genuine need for persons between the ages of 18 and 59 inclusive. In most cases, the applicant is required to submit a medical opinion provided by his or her physician attesting to the fact that a requirement cannot be met. See following sections on waivers under 5(3).

1.9 Cases warranting waivers of the oath

The only reason to waive the requirement for an adult or a minor person aged 14 or over to take the oath is inability to understand the significance of the oath because of medical disability. In such cases, the applicant is required to submit evidence of the mental disability and, if an adult, will be required to provide evidence of who the legal guardian is applying on behalf of the applicant. See details on waiver of the oath and guardianship in section 2 of this chapter.

1.10 Waivers for minors

The Minister has the discretion to waive the oath, language, knowledge and residence requirements for minors who are applying as an adult. The Minister also has the authority to waive the oath for a minor person aged 14 or over who suffers from a mental disability. See Minor applying as an adult in the chapter on grants.

1.11 Roles and Responsibilities

The citizenship judge, local office and BCM all have responsibilities regarding cases recommended for waiver. These responsibilities apply to all types of waiver requests.

1.11.1 Role of the Citizenship Judge

It is the responsibility of the citizenship judge to ensure that the request for waiver is relevant to the applicant’s condition. The medical opinion provided by the client’s physician must therefore provide information relevant to the request for the waiver. The reasons for the waiver recommendation, which may be medical and/or psychological, must be clearly stated in the judge’s recommendation for waiver and must be supported by the doctor’s report. The report must:

• provide substantive reasons for the medical exemption, i.e. provide the diagnosis and specifically state why the applicant cannot learn one of the official languages and \ or acquire knowledge about Canada, and
• include the doctor’s address and signature

If the judge is unable to form an opinion because of the way the medical opinion is written, or because there is inadequate substantiation, he/she will enlist the aid of the local office in seeking additional information from the client. The local office will request the client provide a further clarifying report from the doctor or a specialist. This report must include the following information:

• a formal diagnosis
• when the condition developed’
• when the condition caused the applicant to become disabled to the point that he/she could not learn or understand the significance of the oath
• a description of current treatment
• when the current treatment was initiated and
• whether the condition prevents the applicant from attending to his/her normal daily activities and work.

If the condition is psychiatric or psychological in nature, a full report must be provided which includes both a clarifying report and a "Global Assessment of Functioning".

The citizenship judge is not compelled to make a recommendation for a waiver under section 5(30 simply because a client has submitted a medial opinion. There must be enough evidence presented to substantiate that a medical condition clearly prevent the client from ever satisfying the language and \ or knowledge requirements, and the judge must be satisfied there are compassionate ground which warrant the recommendation.

1.11.2 Role of the Local Office

The local office is responsible for ensuring that all requests to waive the oath, knowledge and \ or language requirements include a completed "Request for Medical Opinion" signed by the applicant’s physician and all accompanying documentation relevant to the request. For example, if the medical opinion indicates that the client is unable to understand the oath, an affidavit must be provided. Further details on waiver for mentally incapacitated persons are provided in Section 2 of this chapter.

The local office is also responsible for seeking clarification, if required, before forwarding a recommendation for waiver to BCM. For example, where there is doubt as to the authenticity of the physician providing the medical opinion, it is the responsibility of the local office to verify this information. This can be done by checking the telephone directory and \ or by contacting the appropriate provincial college of physicians and surgeons.

If the evidence to support the request for waiver is still incomplete or unclear following efforts to seek clarification, the file should be returned to the citizenship judge for further consideration or decision.

1.11.3 Role of Case Management Branch

Officers in Case Management Branch (BCM) are the Minister’s delegates for the purposes of determining whether a recommendation for waiver falls within the guidelines established by the Minister. Usually Case Management Branch, on behalf of the Minister, grants a waiver when a medical condition clearly prevents the applicant from ever satisfying the knowledge and or the language requirements. Case Management Branch can grant a waiver for other medical reasons only in exceptional circumstances, i.e. terminal illness.

To expedite the processing of Requests for Waivers, it is imperative that all documentation be included on the file before it is forwarded to BCM. If there is insufficient documentation for BCM to make an informed decision, the file will be returned to the local office for additional clarification.

Case Management Branch will review and make the final decision on a recommendation to waive the requirements under section 5(3). Officers in BCM are obligated to review all the evidence provided by the judge and to communicate the final decision to the judge. Where the Minister’s delegate does not grant the waiver, the reasons for not granting are also communicated to the judge. Once a judge receives the decision from BCM, the judge completes his or her own decision and notifies the client that the client is either approved or not approved.

An applicant has the right to appeal the judge’s decision to the Federal court of Canada. See chapter on appeals.

1.12 Medical Opinion needed for applicant unable to act on own behalf

Applicants who cannot understand the significance of becoming a Canadian citizen may not be able to legally act on their own behalf. A legal guardian must represent them if they are 18 years old or older. Parents are usually the legal guardians of minors under 18.

If a citizenship officer or judge believes an applicant cannot act on his or her own behalf, give the applicant a Request for Medical Opinion. The applicant’s physician must complete e the form. In addition, a document confirming the applicant is under the legal care of another person is required. See section 2 on guardianship.

1.13 Be sure applicant understands impact of citizenship

Officers and judges are responsible for ensuring applicants clearly understand the significance of the oath and that becoming a Canadian citizen can mean loss of other citizenship or succession rights.

Occasionally, an applicant with a Medical Opinion saying that he or she cannot understand the significant of the oath, does appear to understand the significance. Before recommending a waiver, ask the individual for clarification from his or her medical doctor.

In many cases, doctors complete the form incorrectly. Before recommending a waiver of the oath, confirm that the applicant cannot understand the oath even after it is explained in the applicant’s mother tongue.

Persons 60 and over are not required to demonstrate knowledge of either an official language or of Canada. These requirements are waived automatically and the applicant’s only appearance before a CIC official may be at the time the identity is verified or at time of the oath taking. Where it is apparent to a judge or an officer at a citizenship ceremony, that a person is not capable of understanding the significant of the oath, even when explained in the applicant’s mother tongue, the oath will not be administered and the certificate will not be presented. See section 2.17 - 2.22 of this chapter for details.

1.14 Advance approval for waivers

If a delay in approving the use of section 5(3) causes an applicant unnecessary inconvenience, ask for advance approval for a waiver.

These cases are usually a combined or simultaneous interview and presentation, for instance, at a hospital or nursing home.

Fax requests for advance approval to Case Management Branch. Include the relevant documentation and information.

Ask for advance approvals of waiver only in exceptional cases.

1.15 Include advance approval on file

When BCM gives advance approval, include the approval in the applicant’s file. After citizenship is granted, send the file to the officer in BCM who granted the advance approval.

1.16 If advance approval given but judge decides not to recommend a waiver

If BCM gave advance approval but the judge decides not to recommend a waiver or decides a waiver is not required, approve or not approve the application as usual. In these cases, there is no need to inform BCM the advance approval was not used.

1.17 Questions about waivers for language, knowledge, oath

Refer any questions about the use of section 5(3) waiver to Integration Branch or Case Management Branch.

Compassionate grounds—renunciation—Section 9(2) of the Citizenship Act

1.18 Renunciation requirements

Section 9 states that a Canadian citizen may renounce citizenship if the applicant:

• is a citizen or will become a citizen of another country
• is not prevented from renouncing citizenship because of security reasons
• is not a minor
• is not prevented from understanding the significance of renunciation because of a mental disability
• does not reside in Canada

1.19 Waivers for renunciation

The Minister may waive only two requirements for renunciation. The following requirements for renouncing citizenship can be waived on compassionate grounds :

• applicant is not prevented from understanding the significance of renunciation because of a mental disability
• applicant does not reside in Canada

1.20 Examples

The following are examples of the type of renunciation cases to refer to Case Management Branch with a recommendation for a waiver:

1.21 Examples of documents needed

The following are examples of the documents needed to waive the requirements for renunciation of Canadian citizenship on compassionate grounds:

Governor in Council - special grant of citizenship - Section 5(4)

1.22 Governor-in-Council directs Minister

Section 5(4) says the Governor in Council may direct the Minister of Citizenship and Immigration to grant citizenship to any person. The discretionary grant is to reward services of an exceptional value to Canada or to alleviate cases of special and unusual hardship.

1.23 Few directions

The Governor in Council has made few directions to the Minister to grant citizenship.

1.24 Special grant protected information

The name and circumstances of a person considered for a special grant of citizenship is protected information under the Privacy Act. Refer questions to Case Management Branch.

Refer all questions about special grants of citizenship to Case Review officers in Case Management Branch.